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					         REPUBLIC OF THE PHILIPPINES
          PROVINCE OF ORIENTAL MINDORO
                CITY OF CALAPAN




               DRAFT COPY

                        OF

     GENDER AND DEVELOPMENT CODE
AND MANDATING THE IMPLEMENTATION OF
 A COMPREHENSIVE AND SUSTAINABLE GAD
              PROGRAM




                  FORMULATED BY

              GEMILIANO T. ARRIOLA, MPA




                                          1
                                          Republic of the Philippines
                                         Province of Oriental Mindoro
                                               CALAPAN CITY

                             OFFICE OF THE SANGGUNIANG PANGLUNGSOD

                                       CITY ORDINANCE NO. 2007 – 01

             AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT (GAD) CODE OF
                 THE CITY OF CALAPAN AND MANDATING THE IMPLEMENTATION OF
                      A COMPREHENSIVE AND SUSTAINABLE GAD PROGRAM

        Be it ordained by the Sangguniang Panglungsod, that,


                              CHAPTER I – GENERAL PROVISIONS
                                          ARTICLE 1
           TITLE, DECLARATION OF PRINCIPLES AND POLICIES AND DEFINITIONS OF TERMS

         SECTION 1. Title. This ordinance shall be known and cited as the “Gender and Development Code of the
City of Calapan ” hereinafter referred to as the Code.

        SECTION 2. Declaration of Principles and Policies. It shall be the policy of the Local Government of
the City of Calapan to uphold the rights of women, believe in their worth, and protect their dignity as human
beings;

         Women shall be recognized as full and equal partners of men in the development of our nation, sharing
equality in their responsibilities and enjoying equally in the fruits thereof.

         The Local Government of the City of Calapan, in its commitment to the establishment of a national and
international order based on sustainable and equitable growth undertakes to facilitate the full development of
women’s potentials towards the improvement of the quality of their lives, their families and that of their
communities

         The Local Government of the City of Calapan, fully cognizant of women’s efforts towards empowerment
and self determination, shall vigorously pursue and implement gender-responsive development policies, design an
integrated gender and development support systems, and implement measures to protect and promote their
rights.

                                    TO ATTAIN THE FOREGOING POLICY

    1. A reasonable amount from the official development assistance received from foreign governments and
       multilateral agencies and organizations shall be set aside to support programs and activities for women in
       accordance with the provisions of RA 7192, otherwise known as the Women in Development and Nation
       Building Act, by the Local Government of the City of Calapan provided that it shall conform with the
       requirement and conditions set forth by the funding agencies.




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   2. The local government of the City of Calapan shall ensure that women benefit equally and participate
      directly in the government programs and projects of said agencies specifically those funded under foreign
      development assistance to ensure in the development process pursuant to RA 7192.

   3. All government project proposals shall ascertain the inclusion of gender responsive indicators and
      guidelines focusing on roots of women’s oppression, pursuant to the United Nations Declarations of which
      the Philippine Government is a signatory.

   4. All local governments departments and agencies in the City of Calapan shall review and revise all their
      regulations, circulars, issuances and procedures to remove gender biases herein and shall complete the
      same within two years.

   5. The Gender and Development Inter-Agency Committee of the City of Calapan shall be actively consulted
      in matters dealing with official development assistance or foreign aid so as to determine gender biases
      and implications on women.

         SECTION 3. Related Principles. To facilitate the development of the full potentials of women, the
following rights defined and declared under the United Nations Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) are hereby declared under this ordinance.
   3.1 Women have the right to the prevention of, and protection from all forms of violence and coercion against
       their person, their freedom, their sexuality, and their individuality;
   3.2 Women have the right to freely and duly participate, individually or collectively in the political processes of
       their communities and nation;
   3.3 Women have the right to the means for assuring their economic welfare and security;
   3.4 Women have the right to the necessary knowledge and means for the full exercise of their reproductive
       choice with the constitution and their beliefs and preferences;
   3.5 Women have the right to choose a spouse in accordance with their values and preferences, maintain
       equality in marriage or its dissolution, and receive adequate support for rearing and caring of their
       children;
   3.6 Women have the right to an adequate, relevant and gender-fair education throughout their lives, from
       childhood to adulthood;
   3.7 Women have the right to adequate nutrition, proper health care and humane living conditions;
   3.8 Women have the right to nurture their personhood, collectively and individually, to secure an image of
       themselves as whole and valuable beings, to build relationships based on respect, trust and mutuality;
   3.9 Women have the right to equality before the law, in principle and in practice. However, it is unfortunate
       that as of the moment a macho image of our society still exists as it continues to view women as the
       “weaker sex ,“ men are traditionally the heads of the households and in most organizations. Aside from
       ramp modeling and beauty contests, women today do not share the power and prestige, status and
       societal positions as men. They rather play supportive roles to men and tend to live to the idea that major
       decisions are made prerogatives. Oftentimes, women are exploited in media, commercials, impressing
       upon the public that without their attractive and pleasing features, products would be less appealing. But
       in reality, women should not be viewed as second class to men but as partners of men in development.



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    In the light of these historical gender biases, inequalities and inequities, this piece of local legislation will
provide the City Government a policy direction to formulate programs and strategies, among others, that will:
    1. Mainstream gender concerns in sectoral development plans, policies and program.
    2. Intensify awareness campaign on gender issues and concerns.
    3. Strengthen GO-PO-NGO partnership to maximize the effectiveness of programs and services addressing
       Gender and Development (GAD) concerns.
    4. Encourage, support and expand the participation of grassroots women in the planning, implementation,
       monitoring and evaluation of development programs and projects.
    5. Recommend appropriate curricula academic that are gender-sensitive.

    6. Provide gender-responsive relief and rehabilitation programs with special focus on women and children’s
       needs.
    7. Involve men in family planning programs, health and child care and nutrition concerns and engage them
       in projects that enhance the well-being of the family.
    8. Set-up crisis intervention centers and shelters in the City of Calapan for survivors of violence against
       women and children and other social conflicts.
    9. Promote gender sensitivity in local media and advertising agencies.
    10. Increase the members of women in decision and policy making posts in the locality through
        implementation of capability building programs.

            SECTION 4. Definition of Terms. The following terms or phrases used in this Code shall mean as
follows :

    1. Battering – a series of physical, emotional and psychological abuse. It is repeated and habitual cyclic
       patterns as means of intimidation and imposition of the batterer’s will and control over the survivor’s life. It
       constitutes the following kind of behavior but is not limited to:
               a. Sexual battering – this includes physical attacks on the woman’s breast, genital or forced sexual
                  activity;
               b. Psychological battering – this includes threats of suicide, violence against women or her family,
                  punching holes in the walls, threatening to take the children away, threatening deportation of
                  wives with foreign citizenship, threatening to kidnap children or take them to a country and forcing
                  the victim to do degrading things. It may also include controlling the victim’s lawful or usual
                  activities, the use of fowl words or statements and threats or abandonment and expulsion such as
                  forcing the wife to leave the conjugal dwelling. This provision shall likewise apply to commonlaw
                  relations but does not include adulterous ones as contemplated in the Revised Penal Code.
               c. Economic battering – this includes deprivation of women of economic resources, their generation
                  and mobilization so as to create dependency and submissiveness to men and to any established
                  structures of domination.
               d. Premeditated and intentional destruction of property and pets usually the victim’s favorite.

    2. Benefit Dance/Disco – refers to a dance in the locality where women are commodified for fund raising
       purposes.

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3. Collateral relatives – next of kin who are not in direct line or inheritance such as cousin

4. Commodification of Women – is a practice which puts women in a subordinated situation, which results
   in the treatment of women as both consumers and objects of consumption, as consumers women are
   allured to buy beauty products to enhance their physical attractiveness, as objects of consumption women
   are reduced to a sexual commodity for manipulation and utilization for one’s sexual desire or interest,
   usually in exchange of money or goods so that women have no power or control to reject such utilization
   or manipulation.

5. Development – the improvement of the quality of life of all regardless of age, sex, gender, tribe, race,
   creed and religion. It is characterized by sustained and equitable growth in a balanced ecology.

6. Differently-abled Persons – are survivors of physical impairments that have differentiated needs and
   potentials.

7. Discrimination against women – any distraction, 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 of
   their rights irrespective of their marital status.

8. Equity is a concept of distributive justice which is remedial and is intended to overcome bias, favoritism
   and inequalities.

9. Empowerment - refers to a process by which women are mobilized to understand, identify and overcome
   gender discrimination.

10. Feminization of Poverty – a condition when the gap between the rich and the poor widens and
    grassroots women bear the brunt as in economic instability and unequal distribution of wealth. Such gap
    reinforces non-response to both practical and strategic needs of grassroots women.

11. Fund Raising Initiatives – refers to any activity, whether in whole or in part integrated in any raffle draw,
    benefit or disclosure, premier showing of movies, or any similar fund raising undertaking where women
    are used as donor prize, substitute for cash prizes won, a companion package for an award prize or
    recognition or any manner, activity, come-on display or exhibits which depicts a woman as central, partial
    or special focus in order to raise funds.

12. Gender refers to the differentiated social roles, behavior, capacities and intellectuals, emotional and
    social characteristic attributed by a given culture to women and men, in short all differences besides the
    strictly biological. There are two kinds of gender: masculine ascribed to the male sex and feminine
    ascribed to the female.

13. Gender and Development- shall refer to a development perspective which promotes greater focus on
    people both as development agents and participant. It encourages the equal contributions of women and
    men in all aspect/sectors of development. Such a perspective involves the process of searching of new
    and innovative initiatives which help transform unequal gender relations into opportunities which
    equally/equitably both men and women. It recognizes that the unequal relation between women and men
    is a major deterrent to social and economics progress. It acknowledges that the difficulties encountered
    by women have to be addressed to ensure their effective participation in development. It envisions a
    future society where women and men equally contribute to and benefit from development.

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14. Gender Equality – is the role required by or expected of women and men as prescribed by society. As a
    key to development, gender equality means the equal empowerment and participation of women, men
    and other subgroups of society, i.e. homosexuals, in all spheres of public and private life.

15. Gender Mainstreaming – refers to the strategy of integrating gender and development concerns and
    issues at all levels.

16. Gender Perspective – way of viewing issues and problems that take into consideration the different
    realities of women’s and men’s lives and recognizing that there is an unequal relationship between the
    two.

17. Gender planning – means taking account of gender issues in planning. In development planning, it
    means that gender issues are recognized in the identification of problems and addressed in development
    objectives.

18. Gender sensitive/responsive – having an understanding of the marginalized position of women and
    consciously challenging the attitudes and behavior that reinforce women’s subordinate status.

19. Gender sensitization – is an experimental and critical process of learning and unlearning of an individual
    female or male of the causes and effects of the culturally determined roles of women and men.

20. Gender sensitivity training – means providing people with formal learning experience in order to
    increase their awareness. The overall purpose of the training is to provide the knowledge and sills
    necessary to recognize and address gender issues in the programming process. At the center of the
    learning process is the conscientisation, involving the ability to recognize the underlying issues of gender
    equality which form a pervasive obstacle to program progress.

21. Indecent shows – are shows which include nude or other provocative gestures which further project and
    exhibit men and women as sex-objects.

22. Indigenous people – a group of people who have continuously lived as organized community or
    communally bounded and defined territory, and who have under claims of ownership since time
    immemorial occupied possessed and utilized such territories sharing common bonds of language,
    customs, traditions and other distinctive cultural traits, they are regarded as indigenous on account of
    their decent from the populations who inhabited the country at the time of conquest or colonialization and
    who retain some or all of their own social, economic, cultural and political institution and have been
    displaced from their traditional domains or who may have remitted outside their ancestral domain.

23. Minors – refers to persons below 18 years of age and unable to take care of themselves from abuse,
    neglect, cruelty, exploitation or discrimination.

24. Land-based projects – are projects designed systematically in order to provide women the opportunity to
    have full-access and control over the maximum utilization of land and other indigenous resources.

25. Mail Order Bride – is a practice where a woman establishes personal relationships with a male foreign
    national via mail or similar means upon recruitment by an agency operating for the purpose.

26. Other places of Amusement – include all other places of amusement not specifically enumerated or
    otherwise provided for in this code, included but not limited to night clubs or day clubs, cocktail lounges,
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    super or family clubs, disco houses , minus-one or sing-along houses, bars or beerhouses gardens, fast
    food center showing sports competitions, replay videocassette films/movies and other places of
    amusement where one seeks admission to entertain oneself by seeing or viewing or by direct
    participation.

27. Places of amusement – includes theaters, cinemas, concert halls, circuses and other places of
    amusements when one seeks admission to entertain oneself by seeing viewing the show or
    performances.

28. Pornography Scenes, Pictures, Publications – written or graphic or other forms of communications
    intended to entertain lascivious feelings.

29. Prostitution – is the sale, purchase and exchange of women and minors for sexual exploitation for each
    project or other economic considerations by an individual including but not limited to pimp, procurer of the
    service parents, owners of establishments such as hotels and restaurants and any other persons who
    uses various schemes to prostitute women and minors. It is the act as defined under the Revised Penal
    Code of the Philippines and shall be recognized as a violation of human rights and exploitation of women
    who have no real choices for survival.

30. Reproductive Health – is a state of complete physical, mental and social well-being and not merely the
    absence of disease and infirmity, in all matters relating to the reproductive system and to its function and
    process. It constitutes 10 elements namely:

    a.   Maternal and Child Health and Nutrition
    b.   Family Planning
    c.   Prevention and Treatment of Reproductive Tract Infection (RT) including STD, HIV and AIDS
    d.   Prevention and Management of Abortion Complication
    e.   Education and Counselling on Sexuality and Sexual Health
    f.   Prevention and Treatment of Infertility and Sexual Disorders
    g.   Men’s Reproductive Health
    h.   Violence Against Women
    i.   Adolescent Reproductive Health



                                          ARTICLE II
                              GENDER AND DEVELOPMENT PROGRAM

    Section 5. Integrated Gender and Development Program

5.1 The Local Government of the City of Calapan shall ensure the integration of Gender and Development
    (GAD) in the local planning and budgeting system through the formulation of GAD plans as stipulated in
    DILG-DBM-NCRFW Joint Memorandum Circular No. 2001-01 “GUIDELINES FOR INTEGRATING
    GENDER AND DEVELOPMENT (GAD) IN THE LOCAL PLANNING SYSTEM THROUGH THE
    FORMULATION OF GAD PLANS.”

5.2 The Local Government of the City of Calapan shall ensure that the Philippine Plan for Gender and
    Responsive Development (PDGD) which was adopted through Executive Order 273 is implemented for

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        women in relation to the services stipulated in Republic Act 7160 of the Local Government Code of 1991
        particularly Sections 16 & 17 and other related provisions.

    5.3 The LGU of the City of Calapan shall ensure that all barangays under its jurisdiction shall prepare a GAD
        plan addressing gender issues of their locality following Sections 16 and 17 of the Local Government
        Code of 1991 and other related provisions.

    5.4 The LGU of the City of Calapan shall integrate gender concerns in the formulation of the Comprehensive
        Development Plan (CDP), Comprehensive Land Use Plan (CLUP) and Annual Investment Plan (AIP).

    5.5 The formulation of the GAD plan shall follow the regular planning and budget calendar and shall anchor
        on the existing CDP, CLUP and AIP;

    5.6 It is the responsibility of the City Planning and Development Coordinator to ensure that GAD PPA’s are
        integrated in the local planning process.

      Section 6. Support to Gender Studies. A sufficient amount shall be allotted to gender related
documentation and researchers, which shall form part of City of Calapan data based program

        Section 7. Popularization of Gender-fair materials. There shall be an active promotion and publication
of gender-fair materials in popular forms in the City of Calapan.

        Section 8. Integrated Gender Sensitive and Environment – Friendly Zonification Plan. An Integrated
Gender-Sensitive and Environment-Friendly Zonification Plan for the City of Calapan shall be established taking
into consideration among others the following:
     a. Relocation of communities shall not deprive anyone of their sources of livelihood
     b. Allocation sites shall not contribute to an increase in anyone’s burden in economic, home and social
        production.
     c. Housing and industrial project sites shall be those unproductive lands unsuitable for agricultural purposes.

         Section 9. Community-Based Environment Plans and Programs. Both men and women shall
participate in pollution control, zero waste technology development and management, preservation of the forest,
with due respect to indigenous people’s rights to self-determination.

       Section 10. Gender-Sensitive Natural Resources-Based Management Program. The Local
Government of the City of Calapan shall engage itself in gender-sensitive natural resources-based management
program.

       Section 11. Role of Women in Environment Impact Assessment Project. The City Government shall
promote the active role of women in environmental impact assessment projects.

         Section 12. Promotion of Alternative Technology. The City Government shall actively promote
alternative technology that is appropriate and safe for everybody’s well being.

        Section 13. Sufficient Budget for Basic Social Services. An amount necessary to underwrite basic
social services for women and children in extremely difficult circumstances shall be allocated from any available
source of funds.



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         Section 14. Gender Sensitivity Training for the Lupong Tagapamayapa. A special paralegal training
for the Lupong Tagapamayapa shall be conducted along gender questions and related matters.

         Section 15. Gender Sensitivity Training for Barangay Tanods. There shall be a gender sensitivity
training for Barangay Tanods.

         Section 16. Training on Non-Traditional Occupation. Women shall be given opportunity to acquire
training on non-traditional occupations such as those related to science and technology.

                                                   ARTICLE III
                                                    HEALTH

        Section 17. Statement of Policy. No woman shall be denied basic health and services such as those
declared by World Health Organization as necessary to respond to basic health needs especially those that relate
to maternal health care on purely financial grounds or lack of access thereto.

       Section 18. Budget for Women’s Health. A substantial portion of the health budget of the city
government shall be allocated for women’s health and services

        Section 19. Women’s Right Over Their Bodies. Women’s decision to prevent and control pregnancy
without necessarily resulting to abortion shall be given appropriate support and guidance by all health,
professionals, private and public at very minimal cost.

         Section 20. Access to Safe Water in the municipality. The City Government shall provide easy access
to safe water supply. Appropriate water systems shall be installed to ease women’s workload brought about by the
lack of this facility.

        Section 21. Gender Fair Health Care Delivery Service. The City Health officer shall ensure that health
care services are not discriminating on account of gender, age, religion or political affiliation.

          Section 23. Reproductive Health Services. No hospital or medical facility operating within the territorial
jurisdiction of the City of Calapan shall deny reproductive health services to any woman by reason of the latter’s
poverty.

         Section 24. Information Education on Women’s Health. The City Health Officer in collaboration of the
City Health Board shall endeavor to improve the implementation of education/information campaign on women’s
health. In connection with this, the City Government shall facilitate the celebration of the International Day of
Action for the Women’s Health every May 28 of each year where issues and concerns relative to the protection of
and promotion of women’s health shall be examined, deliberated, projected and government action sought.

       Section 25. Protection Against Drug Abuse. A special task force shall be created and sustained by the
municipality for the protection against drug abuse and proliferation of illicit drugs.

                                                ARTICLE IV
                                          EDUCATION AND TRAINING

        Section 26. Statement of Policy. The city government shall endeavor to improve access of women to
technology-based education and training program. Section 27. Women Literacy and Adult Education. In
cooperation with the Department of Education, non-formal education classes for all shall be held in identified

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schools in the city to facilitate working persons’ access to education. Anyone desiring to engage in functional and
practical education shall be enlisted in the adult education program which shall be set-up in the local government.

         Section 28. Gender Fair Curricula. The city shall ensure that the curricula in all schools at all levels in
the city promote complementary roles between women and men and provide gender-sensitive materials and
gender sensitivity orientation to every class.

         Section 29. Special Education for Differently-Abled Women. The city government shall ensure that all
interested differently-abled women of the city shall have access to special education programs.

        Section 31. Scholarship Program. The city shall institutionalize its scholarship programs for poor but
deserving students and shall not disqualify married women and mothers with infants.

                                           ARTICLE V
                          LABOR, EMPLOYMENT AND ECONOMIC OPPORTUNITIES

        Section 32. Statement of Policy. The city shall ensure that all departments and agencies shall engage
in and expand their socio-economic programs to include women as beneficiaries and implement programs and
projects designed to further capacitate women to empower them to access medium and large scale economic
opportunities.

       Section 33. Equal Access to Employment and Training Program. No one shall be denied of
employment opportunity on account of gender, age, ethnicity, creed, religion and civil status, as prescribed in the
Labor Code as amended by RA 6725. Likewise, no one shall be denied of training and promotion in employment.

        Section 34. Wage and Benefits. Every employee shall comply with the minimum wage as prescribed by
the Regional Wage Board and shall grant all benefits to all employees such as maternity/paternity leave, sick and
vacation leave, retirement termination and other benefits provided by law.

        Section 35. Facilities and Support System to Employees. The City Government shall ensure the
safety and health of women in appropriate cases, employees may:
            a. establish separate toilet rooms and lavatories for men and women and provide at least a dressing
               room for women; and
            b. breastfeeding, child rearing and early childhood care for working parents while on their respective
               jobs.

       Section 36. Orientation on Sexual Harassment. All local offices, school agencies and establishment or
companies, government and private, operating in the city shall conduct or sponsor orientation on sexual
harassment to their respective personnel.

         Section 37. Organization and Functionalization of Local Councils for the Protection of Women and
Children. The city shall ensure the reactivation of the Barangay Councils for the protection of women and
children.

         Section 40. Farmland for Women Headed Families. Portion of agricultural lands, the ownership of
which is transferred to the City Government by legal fiat, shall be distributed to landless and indigent families who
are interested and committed to till the land, giving priority to woman-headed household.


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        Section 41. Employment Opportunities to Differently-Abled Women. The City Government in
partnership with appropriate national government agencies and private groups and other entities shall develop
creative employment opportunities to differently-abled women recognizing their differentiated conditions and
potentials as human being.

         Section 42. Healthy and Gender Fair Work Environment. The City Government shall ensure that the
work place, private or public, actualizes the principle of equality between women and men in all aspects of their
employment. For this purpose, employers are required to provide seats proper for women and permit them to use
such seats when they are free from each and during walking hours, provided they can perform their duties in this
position without detriment to efficiency and provide workers with the necessary gear to guard against the
detrimental effects of the nature of their functions such as the special support stocking for female workers required
to perform their functions in standing position.

        Section 46. City Based Registration of Helpers. The city shall come up with an Annual Survey of
domestic helpers in the barangays to monitor cases of sexual harassment, sexual abuse and other forms of
maltreatment. Employees must provide their house-helpers a recreational day-off at terms and conditions mutually
agreed by both parties.

        Section 47. Spousal Support. Women and their children are by law entitled to support from their
spouses for this purpose. All agreements or settlements arrived at the barangay level relative to the support of the
family shall be final and executory. Innovations of the agreement shall be allowed only if the same is
advantageous to the children.

                                            ARTICLE VI
                       POLITICAL AND PUBLIC SPHERE OF WOMEN AND CHILDREN

       Section 48. Statement of Policy .The City shall ensure the fundamental equality before the law of men
and women open as an arena for their active participatory role in the development process.

         Section 49. Declaration of March 8 as a Women’s Day. As declared by the United Nations, March 8
shall be observed as Women’s Day through an issuance of an Executive Order by the City Mayor. There shall be
a city level set of articles, for women to increase their level of awareness and critical consciousness on the issues
affecting them.

        Section 50. City Self Organization of Women. The city government through the Gender and
Development Inter-agency committee shall encourage and support the formation of community-based
organizations, and facilitate their accreditation with the Sangguniang Panglungsod.

         Section 51. National Children’s Month. Pursuant to Presidential Proclamation No. 267, dated
September 30, 1993, the City shall observe the month of October as National Children’s Month and undertake
projects in the observance thereafter

         Section 52. Participation of Women in Local Governance. To widen and enhance participation of
women in local government decision-making and administration, the City Government shall ensure the
participation of women to the Sangguniang Panglungsod and all Local Special Bodies in the city. These women
representatives shall be elected among the accredited women’s organizations in the city as a concrete
manifestation of women place in local governance and in accordance to RA 7160.


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        Section 53. Creation of the City Gender and Development Inter-Agency Committee (City Ordinance
No. __ Series of 200_). The City Gender and Development Inter-Agency Committee (GAD-IAC) shall serve as the
Focal Point of GAD programs.

       53.1 The GAD-IAC shall be composed of the following:
       Chairperson    -       City Mayor
       Co-Chairperson -       SB Chairperson of the Committee on Women and Family
       Members        -       Vice Mayor
                              Members of the Committee on Women & Family
                              CSWDO Women & Children Protection Desk
                              City Agriculturist
                              City Agrarian Reform Officer
                              DILG/CLGOO
                              City Information Officer
                              City Budget Officer
                              CENRO
                              Liga ng mga Barangay (ABC) Federation President
                              SK Federation President
                              Human Resource Management Officer
                              Department of Education
                              City Planning & Development Coordinator
                              Women Representative from NGO’s, PO’s
                              PNP
                              City Community Development Officer
                              POPCOM
                              NGO-Religious Sector
                              RHU
                              Representative from Calapan Lady Legislators League
                              Representative from Business Sector
                              Representative from Labor Sector
                              Representative from Calapan Federation of Women’s Association

       53.2 The GAD-Inter- Agency Committee shall be tasked with the following:
           a. Catalyze, coordinate, provide direction, monitor and serve as technical adviser on
              programs/projects on women/gender and development concerns within the city.
           b. Review the mandated tasks of the LGU as per RA 7192 and other Presidential directives on the
              course of action to be taken
           c. Conduct a Gender-Responsive Planning Workshop
           d. Make a Comprehensive and Integrated Plan and Program for women in the city and ensure the
              implementation thereof
           e. Establish a data bank unit
           f. Facilitate a Trainers’ Training on GAD
           g. Ensure that GAD Activities of the LGU are replicated at the barangay level
           h. Assess the performance of the committee and learn from the experience of others by attending
              Annual Focal Point Assemblies and
           i. Establish linkage with the NCRFW.


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       53.3 The Human Resource Management Officer of the LGU shall act as Focal Point Officer of the City
and shall have the following functions:
    a. see to it that Gender and Development concerns especially for women and children are reflected in the
       Annual both short and long term and that implementation are made thereto;
    b. ensure that plans & programs of the GAD-IAC members are reflected in their performance evaluation
       reports, their targets and accomplishments;
    c. ensure that GAD plans & programs of other agencies operating within the city are consolidated in the
       Annual Development Plan;
    d. prepare the Annual GAD reports to be submitted to the NEDA for monitoring & evaluation which could be
       the basis for other financial funding and support;
    e. ensure that observance of the month of March as “Women and Children’s Month be given importance and
       shall be celebrated to give important to motivate women of their role in nation building.

       53.4 The Secretariat of the GAD-IAC shall have the following functions:
    a. document matters taken up in the GAD-IAC during seminars, workshops and meetings; and
    b. prepare and furnish the official minutes of meetings of the GAD-IAC signed by the Presiding Officer.

       53.5 For the purpose of institutionalizing the Gender and Development Inter-Agency Committee, an
amount of FIVE HUNDRED THOUSAND PESOS (P500,000.00) shall be appropriated and taken from the 20%
Development Fund of the City.
   a. All formulated plans & programs on Gender Development approved by the Local Chief Executive
       including women and children will be funded from the 20% Annual Development Fund pursuant to Section
       12 Rule V of RA 7192;
   b. In cases where some critical activities cannot be funded from the regular budgets, concerned government
       department/agencies shall be advised to source these from supplemental budgetary requests and or seek
       financial assistance in both local & foreign.

        Section 54. Creation of City Local Councils of Women. The City Local Council of Women shall be
organized in the city which shall be composed of accredited women’s organizations existing in the municipality

          Section 55. Organization of Differently Abled Women. The city government in collaboration with the
City Social Welfare Development Officer shall encourage and support the organization of differently-abled women
in the city to give focus on and facilitate response to their special needs

        Section 56. Organization of Elderly Women. The City Government’s Office of the Senior Citizen’s Affair
shall encourage and support the organization of elderly women in collaboration with the City Senior Citizen’s
Federation to give special focus on and facilitate response to their special needs

       Section 57. Women’s Summit. The city government through the City Local Council of Women shall hold
and convene a City Women’s Summit at least once every year to renew women’s development in all aspects of
community life and make appropriate recommendations for actions thereon.

                                                 ARTICLE VII
                                              SUPPORT SERVICES

         Section 58. Support Programs to Survivors of Violence. The City Government of Calapan shall
provide immediate support services to survivors of violence. Support services shall consist of the following but not
limited to legal, medical, psychosocial, shelter and other forms of support services. These services shall be
provided by the City Social and Development Office in coordination with the Gender and Development Office and
                                                                                                                 13
other involved agencies in accordance with the provisions of the Implementing Rules and Regulations of this
Code.

        Section 59. Psychological Program. Women and children who are survivors of all forms of violence
shall be registered in psychosocial programs which shall be carried out by the City Social Welfare and
Development Office, City Gender and Development Office, City Health Office, and other related agencies as
provided in Implementing Rules and Regulations of the Code.

        Section 62. Role of Female Police Officer. Complaints of battering and other forms of abuse against
women and children shall be handled by female officers in the local police who shall undergo special courses on
handling cases affecting abused women, and whose character and credibility do not violate the accepted ethical
standards in handling such cases.

        Section 63. Crisis Intervention Center. A crisis intervention center is hereby established to serve as a
temporary shelter with appropriate support services for women and children in crisis under the management and
supervision of the City Social Welfare Development and Gender and Development Office.

         Section 64. Support Services for Women in the Entertainment Industry. The City Government shall
provide socio-economic support services for women in the entertainment industry in its desire to concretely
respond to their practical needs. The CSWDO and Metro PESO shall make available alternate sources of income
and livelihood to women engaged in entertainment industry or places of amusement.

        Section 66. Continuing Education against Sexual harassment. To foster a culture against sexual
harassment, all government or private agencies and offices within the jurisdiction of the city shall conduct a
continuing education against sexual harassment. For this purpose the City Social Council for Women and the City
Labor-Management Council shall work together to ensure that:

       66.1 At least one (1) activity designed to equip workers and employees with the critical and practical
knowledge on gender issues and concerns is conducted each year in these offices/establishments or workplace.

        66.2 The provisions of RA 7877 otherwise known as the Anti-Sexual Harassment Law and other
provisions of the Labor Code affecting women are faithfully implemented, especially the formulation of the
necessary policies and procedures in resolving complaints for sexual harassment.

        66.3 Tools for Assessment and Strategies against gender bias are designed and established.

        Section 67. Support and Development of Day Care Centers. The City Government of Calapan shall
ensure that day care centers are set-up in all barangays. Day care centers existing in the barangays shall be
responsive to the need of the community to provide childcare assistance to parents in order that they may be able
to engage in economically productive activities. For this purpose, day care centers shall give priority to children
aged 3-4 years old.

        Section 68. Legal Education and Counseling. The City Legal Officer shall:

         68.1 Undertake legal education and training for community leaders, Barangay officials and members of
the Lupong Tagapamayapa on legal counseling and arbitration to capacitate community workers to facilitate
resolution of cases and family conflicts at the barangay level in coordination with the City Social Welfare and
Development Office and concerned government organization (NGOs).

                                                                                                                14
        68.2 Undertake a special para-legal training on gender issues and related matters for members of the
Lupong Tagapamayapa for all barangays in the municipality in partnership with the Liga Ng Mga Barangay and
other non-government organizations.

         Section 69. Medico Legal Desk for Women. The City Health Officer and the Chief of District Hospital
shall create a medico legal desk for women to attend to women’s special medical needs.

         Section 70. Support Fund for the Senior Citizens Affairs. The City Government shall allocate funds for
livelihood assistance, routine physical check-up, social group work programs and other appropriate socio-
economic activities for the senior citizens.

           Section 71. Support to Persons in Detention. The rights of all detainees shall be protected as follows:
           71.1 Speedy trial of the cases shall be ensured by all concerned;
        71.2 An appropriate program shall be designed to respond to their specific needs and problems as
detainees;
           71.3 Separate structure, space for detention and rehabilitation for women and men shall be established.


                                             CHAPTER II
                               MISCELLANEOUS AND PENAL PROVISIONS
                                              ARTICLE I
                      PROTECTION AGAINST VIOLENCE AND DISCRIMINATION OR ABUSE

           Section 72. Sexual Abuse. Sexual abuse shall include but is not limited to the following *:
         72.1 When a man inserts or attempts to insert his penis into the mouth or anus of a women against her
will or under any of the following situations, through force, threat or intimidation by means of abuse of authority or
relationship when the offended party is deprive of reason or otherwise unconscious.
           72.2 When an offended party is below 12 years old even through none of the above circumstances is
present;
         72.3 When a person inserts or attempt to insert part of his or her body other than the sexual organ or
introduces any object or instrument into the genital or anus of a woman against her will or under any of the
situations stated in paragraph number 1 above.
        72.4 When a person subjects another to have sexual intercourse with an animal under any of the
circumstances stated in the paragraph or through any abnormal, unusual or ignominious sexual act.
        72.5 Any intentional contact however slight of one’s penis to the genital, mouth, breast or anus of a
woman or intentional contact thereof, however slight, to any part of her body other than her sexual organ, or the
use of any instrument or object which intentionally touches the genital breast or anus of a woman.
         72.6 Sexual Abuse in intimate marital relations. Forced sexual act committed under intimate or marital
relations shall form part of sexual abuse such as those between man and woman, woman and woman, man and
man relations married or unmarried legally separated or separated in fact. Any person found guilty of the
commission of this act shall suffer the penalty of imprisonment for a period of not less than 6 month and a fine of
2,500 or both at the discretion of the court.

           Section 73. Physical Violence. Any intentional act that causes physical harm or hurt to the victim.

                                                                                                                   15
         Section 74 . Psychological/ Emotional Violence. Any intentional act that offered or cause harm or hurt-
in the feelings of the victim such as but not limited to the following:
        74.1 Threats of suicide if the victim will not give in to the demands of the offender;
        74.2 Threats of harm against the victim of her family;
        74.3 Punching, breaking or defacing or otherwise destroying the house or any part thereof or the personal
              belongings of the victims.
        74.4 Threatening to kidnap the children or to take them to a foreign country
        74.5 Threatening to take the victim’s children away
        74.6 Threatening deportation of the victim with foreign citizenship 74.7 Forcing the victim to do things
              he/she considers as dehumanizing or degrading.
        74.8 Controlling the victims lawful or usual activities
        74.9 Use of fault and insulting words, language, or statement against a woman
        74.10 Threats of abandonment and expression such as forcing the woman to leave the conjugal dwelling
        74.11 Shouting invectives against the victims and other forms of verbal abuse.

        Section 75. Economic Violence. This includes depriving the victim of economic resources or their
generation and mobilization so as to create forced dependence and submissiveness to the offender.

         Section 76. Battering. This refers to a series of sexual physical psychological/emotional or economic
abuse constituting a repeated cyclic pattern as means of intimidation and imposition of the batterer’s will and
control over another.

        Section 77. Domestic Violence and Sex Trafficking. Any of the acts defined under section 72 to 76
above shall constitute domestic violence when the offender or perpetrator is a member of the family of the victim
or offender party within the four the civil degree of consanguinity or affinity; provided, however that in case the
violence committed is between persons living as husband and wife, parent and child or between persons with
common child/children whether living together or not, the violence committed shall be deemed as domestic
violence regardless of the legitimacy of the relationship between them.

       77.1 Sex Trafficking in Women. It is unlawful for any person, association cult, religion or similar activities
to commit the following acts: *
    a. establish or carry on a business for the purpose of exploiting women for purposes of sex, sex slavery, sex
       trade, sex tours and other immoral activities.
    b. Advertise, publish, print or distribute or cause the advertisement, publication, printing or distribution of any
       brochure, flyer or propaganda material calculated to promote the above mentioned prohibited acts.
    c. Solicit, enlist or attract/endorse any woman to join any club, association or organization whose objective
       is to match women for marriage to foreigners either on mail to order basis or through personal
       introduction or cyberspace or any other forms which facilitate the commission of the following acts:

            1. to buy or sell a woman, or any of her body parts.
            2. to act as a procure of a sex worker
            3. to threaten or force a woman to become a mail order bride

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   * This section may also include relevant provisions of Republic Act 8353 otherwise known as the Anti-Rape
   Law of 1997, RA 8505 or the Rape Victims Assistance and Protection Act of 1998, RA 9208 or the Anti-
   Trafficking in Persons Act of 2003, and RA 9262 or the Anti- Violence Against Women and Their Children
   Act of 2004.

        Section 78. Solicitation. It is unlawful for any person to solicit a woman’s service for sexual purposes
regardless of whether the solicitor-profits or not from such acts. Penalty for the commission of these acts, shall be
dependent to the prevailing laws and regulations.

        Section 79. Other forms of Trafficking in Women. Any person or agency who encourages, influences
or recruits for work abroad or locally for a particular job on a promise of a fee instead, forced and deceived to
engage in prostitution domestic help or other odd jobs shall be penalized by an imprisonment of 4 months or a fine
of 2,500.00 or both, at the discretion of the court. Persons liable thereof, may also be prosecuted and penalized in
accordance with RA 6955, an act which outlaws the practice of matching Filipinos for marriage to foreign nationals
on mail order basis.

       Section 80. Sexual Harassment. Other than the acts defined as constitutive of sexual harassment under
RA 7877, the following shall constitute sexual harassment punishable under this ordinance, some of which are
covered by the Revised Penal code under acts of Lasciviousness.
        80.1 Persistent telling of offensive jokes or other analogous statements despite having been previously
requested to refrain from doing so;
        80.2 Taunting a person with constant talk about sex and sexual innuendoes;
        80.3 Displaying offensive or loud pictures and publications in the workplace;
       80.4 Interrogating someone about their sexual activities or private life except on physical or examination
purposes;
        80.5 Making offensive hand or body gestures at someone;
        80.6 Repeatedly asking for dates despite verbal rejection
        80.7 Staring or leering maliciously;
        80.8 Touching, pinching or brushing up against someone’s body unnecessarily or deliberately;
        80.9 Kissing of embracing someone against her will;
        80.10 Requesting sexual favors in exchange for a good grade obtaining a good job, promotion;
        80.11 Cursing, whistling, or calling a woman in public with words having dirty connotations or implications
which ridicules humiliates or embarrasses the woman, such as “puta”, “peste”, “punita”, etc.
        80.12 Any other unnecessary acts during physical examinations;
         80.13 Requiring a woman to wear suggestive or provocative attire during interviews, such as on job
hiring, promotions.

       Commission of one of these acts shall be subjected to an imprisonment of one week or a fine of
P1,000.00 to P2,000.00 or both at the discretion of the Court as prescribed in RA 7879 otherwise known as Anti-
Sexual Harassment Act.

        Section 81. Other Prohibited Acts. The following acts are hereby declared prohibited:

                                                                                                                  17
         81.1 Pornographic Pictures and Publication. Printing, publication, display in any place openly accessible
to children or distribution of visual materials where women appears scantily clad or otherwise depicting women as
sex objects;
        81.2 Indecent Shows. Public staging of indecent shows or shows offensive to the sensibilities of the public
or tends to corrupt the morality of the youth.

          Section 82. Commodication of Women. Any activity or form of beauty contest which tends to
commodity, abuse, humiliate or treat women as sex objects shall be strictly prohibited within the territorial
jurisdiction of the City of Calapan. For this purpose, the staging of beauty contests shall be permitted if it
showcases not only the physical beauty of a person but also her talents and abilities. For this purpose, the City
Councils for the Protection of Women and Children are hereby mandated to jointly draw up and promulgate the
guidelines that shall be adhered to in the conduct of staging or shows, on beauty contests involving women and
children.

         Organizers of beauty contests violating these provisions shall be subject to a penalty such as the
following:
    a. For business organizations – cancellation of business permit or a fine of not less than P1,000.00 but not
       more than P2,500 or as prescribe in the implementing rules and regulations.
    b. For representatives of agencies, departments or local government units – suspension for one month
       without pay or a fine of not less than P1,000.00 but not more than P2,000.00 or others as maybe
       prescribed in implementing rules and
    c. For educational institution, charity or welfare organizations - a fine as maybe prescribed in the
       implementing rules and regulations.

        Section 83. Forced Marriage. No woman shall be forced to marry without her consent. Any person
committing fraudulent or coercive acts to effect a forced marriage shall be held liable under this code by
imprisonment of six months and a fine of P1,000.00 or both at the discretion of the court. However, the customs
and traditions of the indigenous people shall be taken into consideration and duly respected.

        Section 84. Husband and Wife Battering. Husband and wife battering shall be punishable from one
month to one year imprisonment or a fine of P1,000.00 to P2,000.00 or both subject to the discretion of the court.
Other forms of battering as defined in this code shall be covered by the same penalty.

          Section 85. Fund Raising Initiatives. Fund raising initiatives refers to any activity whether in whole or in
part, integrated in any raffle draw, benefit or disco dance or any similar fund raising undertaking where women are
used as donor prize, substitute for cash prizes won, a companion package for an award, prize or recognition or
any manner, activity come-on display or exhibit which depicts a woman as central, partial or special focus in order
to raise funds. Violations of this provision as defined in this code shall cover the same penalty prescribed in
Section (81-3) or subject to the discretion of the court.

                                                  ARTICLE II
                                             LABOR & EMPLOYMENT

       Section 86. Equal Access to Job Training and Promotion. No woman shall be deprived of job training
and promotion on account of her gender, age, ethnicity, cruel religion and cruel status. Violation by private
employers shall constitute a fine of P2,500.00 and cancellation of business permit or as prescribed by the Court. A

                                                                                                                   18
government unit or agency head of office that violates this provision shall be held liable through a penalty of one
month suspension or a fine of P1,000.00 or as prescribed by the prevailing rules and regulation.

         Section 87. Wage Benefits for Women. Employers shall comply with the minimum wage requirement as
stipulated by the Regional Wage Board or passed by the Congress and shall grant all the benefits to all women
employees as maternity leave, retirement, termination and other benefits provided by law. Violation of this
provisions by private employers shall constitute a fine of P2,500.00 and cancellation of business permit or as
prescribed by the court. A government unit or agency head of office that violates this provision shall be held liable
through a penalty of one month suspension or a fine of P1,000.00 or as prescribed by the Court.

         Section 87. Facilities and Support System for Women. The City Government of Calapan shall ensure
the safety and health of women employees in appropriate cases as defined in this code. Violation by private
employers shall constitute a fine of P2,500.00 and a cancellation of business permits or as prescribed by the
court. A government unit or head of office that violates this provisions shall be held liable through a penalty of one
month suspension and a fine of P1,000.00.

         Section 88. Reproductive Health Services. Establishments within the City of Calapan as well as Labor
intensive establishment shall provide access to reproductive health services to workers regardless of sex and civil
status as a manifestation of concerned for women’s role in social production. Cancellation of business permit or
license to operate shall be recommended for imposition by the LGU concerned and or a fine of P2,500.00 shall
constitute the penalty for violation of this provision.

       Section 89. Orientation on Local Harassment. All local offices agencies and establishments or
companies government and private, within the City shall conduct orientations on sexual harassment. Failure to
comply with this provision shall mean payment of a fine of not more than P2,500.00.

         Section 90. Gender-Sensitive Physical Plan. A physical plan appropriate for gender sensitivity shall be
adopted by all offices, agencies and establishment which shall help prevent sexual harassment in the workplace.
Failure to comply with this provision shall constitute a fine of P2,500 and suspension of business permit or license
for three months.

                                               ARTICLE III
                                 WOMEN IN THE ENTERTAINMENT INDUSTRY

         Section 91. Workers in entertainment industry. Women in the entertainment industry shall be
recognized as wage earners, and they shall receive minimum wages and benefits afforded to workers and shall
render services only in the place of work as specified in the business permit of the establishment concerned.
Violators shall be subjected to a fine of P2,500.00 or cancellation of business permit or both at the discretion of
the court.

                                                   ARTICLE IV
                                                  HEALTH RIGHT

        Section 92. Socialized Reproductive Health Services for all Hospitals. No hospital in the City of Calapan
shall deny a woman, living below the poverty line, of reproductive health services. Certificates of indigency shall
be issued by the Barangay Captain. In case of emergency, a social worker or any authorized personnel shall be
designated to conduct a rapid appraisal of the socio-economic status of the patient for admission purposes. Non
compliance to the administration of this provision shall be penalized by a fine of not more than P2,500.00.

                                                                                                                   19
                                            ARTICLE V
                                 SOCIO ECONOMIC BENEFIT FOR WOMEN

          Section 90. Banks, Financial Institution and Cooperative Support System. All banks, financial
institutions and cooperatives are encouraged to open special windows for lending to women including young
women who lack access to traditional sources of collateral. This process ensures and protects the economic rights
of women.

                                                  ARTICLE VI

        Section 91. City Local Sanction on Cases of Harassment Committed Against Differently-Abled
Persons. The City Government shall formulate sanctions on cases of harassment committed against differently-
abled persons.

                                               ARTICLE VII
                                           WOMEN AND CHILDREN

        Section 92. Support to Women and Children. All governments or settlements envisioned at the
barangay level relative to the support of children shall be final and executory. Violation of such agreements or
settlements shall be subjected to a fine of P2,000.00

                                         ARTICLE VIII
                       PROMOTION OF ENVIRONMENT FRIENDLY TECHNOLOGIES

        Section 93. No government agency shall act as an agent of agricultural chemicals. Chemicals allowed
are only those duly authorized by Herbicides and Pesticides Authority. An administrative sanction shall be
imposed on head of agencies found violating this provision.

                                                  ARTICLE IX

         Section 94. Gender and Development Orientation Training. All schools, office establishment or
companies, department and agencies including City and Barangay Officials shall initiate gender sensitivity
orientation and training which shall equip them with theoretical and practical knowledge on gender issues and
concerns. Likewise, schools, colleges and universities shall develop assessment tools for gender-bias. Non-
compliance of this provision shall require the concerned party to pay a fine of P2,000 and issuance of warming by
the City through the Gender and Development Council.

                                              CHAPTER III
                                    PROVISIONS FOR IMPLEMENTATION

         Section 95. The Gender and Development Inter-Agency Committee. The GAD-IAC is duly created by
virtue of Executive Order No. ___ series 200_ and constituted through City Ordinance No. 00-200_ “An ordinance
Creating a Gender and Development Inter- Agency Committee.” Refer to Section 53 of this Code.

         Section 96. Creation of Gender and Development Desk. The GAD Desk shall be created by virtue of
this ordinance which shall be under the Special Project Division of the City Planning and Development Office. The
GAD Desk shall be responsible for the implementation of this ordinance in close coordination with the Gender and
Development Inter-agency Committee, a consultative assembly on the City GAD Program.
                GAD Desk Coordinator
                                                                                                              20
                 GAD Monitoring Officer
                 Clerk

       Section 98. Functions of GAD Desk. The GAD Desk shall act as the lead convenor and Secretariat to
the GAD-IAC. For this purpose, it shall:

            a.   Coordinate with different NGAs, PGAs, LGUs and private sector;
            b.   Provide administrative and technical assistance to the GAD-IAC
            c.   Mobilize various sectors for gender programs and projects
            d.   Design capability building programs in relation to GAD
            e.   Conduct advocacy program and trainings in relation to GAD
            f.   Provide assistance to women and children in especially difficult circumstance
            g.   Evaluate and monitor the GAD program of the municipality

        Section 99. Rules and Regulations. The GAD-IAC shall promulgate the rules and regulations to carry
out the provisions of this ordinance. It shall be convened periodically throughout the formulation of the
Implementing Rules and Regulations (IRR). Official representatives of the various agencies of the City
Government and women NGO’s involved in the process of drafting of this Code shall be involved in the
formulation of the IRR.

A Technical Working Committee shall be formed for effective and efficient formulation of the Implementing Rules
and Regulations. Such rules and regulations shall take effect upon their publication in two local newspapers of
general circulation.

                                                  CHAPTER IV
                                               FINAL PROVISIONS

         Section 101. Repealing Clause. All ordinances, resolutions, circulars, memoranda, or rules, rules and
regulations inconsistent with the provisions of this Code are hereby repealed and modified accordingly.

          Section 102. Separability Clause. If for any reason, any portion or provision of this Code is declared
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to
be in full force and effect.

         Section 103. Supplementary Clause. On matters not provided for in this Code, any existing applicable
laws and their corresponding Implementing Rules, Executive Orders and relevant issuances issued therefore shall
apply in a supplemental manner.

       Section 104. Effectivity Clause. This code shall take effect upon compliance of the mandatory posting
and publication requirement prescribed under RA 7l60 otherwise known as the Local Government Code of 1991.

ENACTED: December 12 ,2006.

I hereby certify to the correctness of the foregoing City Ordinance No.__-200_ otherwise known as the Gender
and Development Code of the City of Calapan, which was duly enacted by the Sangguniang Panglungsod during
its Regular Session held at the Sangguniang Panglungsod Hall, Calapan City, Oriental Mindoro..




                                                                                                                  21
                                            Secretary to the Sanggunian

ATTESTED:


Vice-Mayor/Presiding Officer



APPROVED: December 12, 2006.


                               City Mayor




                                                                          22
                       ANNEXES
REPUBLIC ACT NO. 7192 - AN ACT PROMOTING THE INTEGRATION OF
WOMEN AS FULL AND EQUAL PARTNERS OF MEN IN DEVELOPMENT
AND NATION BUILDING AND FOR OTHER PURPOSES.

REPUBLIC ACT NO. 7877 - AN ACT DECLARING SEXUAL HARASSMENT
UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING
ENVIRONMENT, AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 8353 -AN ACT EXPANDING THE DEFINITION OF THE
CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED,
OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR OTHER
PURPOSES


REPUBLIC ACT No. 8505 - AN ACT PROVIDING ASSISTANCE AND
PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A
RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING
THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER
PURPOSES

REPUBLIC ACT NO 9208 - ANTI-TRAFFICKING IN PERSONS ACT - AN ACT
TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS
ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY
INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF
TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS,
AND FOR OTHER PURPOSES

REPUBLIC ACT NO. 9262 -AN ACT DEFINING VIOLENCE AGAINST
WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES




                                                             23
                                          Republic of the Philippines
                                          Congress of the Philippines
                                                 Metro Manila
                                            Fifth Regular Session

        Begun and held in Metro Manila on Monday, the twenty second day of July, nineteen hundred and ninety
one.

                                            REPUBLIC ACT NO. 7192

AN ACT PROMOTING THE INTEGRATION OF WOMEN AS FULL AND EQUAL PARTNERS OF MEN IN
DEVELOPMENT AND NATION BUILDING AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

        SECTION 1. Title - This Act shall be cited as the "Women in Development and Nation Building Act."

        SECTION 2. Declaration of Policy - The State recognizes the role of women in nation building and shall
ensure the fundamental equality before the law of women and men. The State shall provide women rights and
opportunities equal in that of men.
        To attain the foregoing policy:
         [1] A substantial portion of official development assistance funds received from foreign governments and
multilateral agencies and organizations shall be set aside and utilized by the agencies concerned to support
programs and activities for women;
         [2] All government departments shall ensure that women benefit equally and participate directly in the
development programs and projects of said department, specifically those funded under official foreign
development assistance, to ensure the full participation and involvement of women in the development and nation
building;
       [3] All government departments and agencies shall review and revise all their regulations, circulars,
issuances and procedures to remove gender bias therein.
         SECTION 3. Responsible Agency - The National Economic and Development Authority (NEDA) shall
primarily be responsible for ensuring the participation of women as recipients in foreign aid, grants and loans. It
shall determine and recommend the amount to be allocated for the development activity involving women.
         SECTION 4. Mandate - The NEDA, with the assistance of the National Commission on the Role of
Filipino Women, shall ensure that the different government departments, including its agencies and
instrumentalities which, directly or indirectly, affect the participation of women in national development and their
integration therein:
         [1] Formulate and prioritize rural or countryside development programs or projects, provide income and
employment opportunities to women in the rural areas and thus, prevent their heavy migration from rural to urban
or foreign countries;
       [2] Include an assessment of the extent to which their programs and/or projects integrate women in the
development process and of the impact of said programs or projects on women, including their implications in
enhancing the self-reliance of women in improving their income;


                                                                                                                 24
        [3] Ensure the active participation of women and women's organizations in the development programs
and/or projects including their involvement in the planning, design, implementation, management, monitoring and
evaluation thereof;
        [4] Collect sex-disaggregated data and include such data in its program/project paper, proposal or
strategy;
        [5] Ensure that programs and/or projects are designed so that the percentage of women who receive
assistance is approximately proportionate to either their traditional participation in the targeted activities or their
proportion of the population, whichever is higher, Otherwise, the following should be stated in the program/project
paper, proposal or strategy;
              (a) The obstacles in achieving the goal;
              (b) The steps to be taken to overcome those obstacles; and
              (c) To the extent that steps are not being taken to overcome those obstacles, why they are not being
                  taken.
          [6] Assist women in activities that are of critical significance to their self-reliance and development.
        SECTION 5. Equality in Capacity to Act - Women of legal age, regardless of civil status, shall have the
capacity to act and enter into contracts which shall in every respect be equal to that of men under similar
circumstances.
          In all contractual situations where married men have the capacity to act, married women shall have equal
rights.
          To this end:
       [1] Women shall have the capacity to borrow and obtain loans and execute security and credit
arrangements under the same conditions as men;
         [2] Women shall have equal access to all government and private sector programs granting agricultural
credit loans and nonmaterial resources and shall enjoy equal treatment in agrarian reform and land resettlement
programs;
          [3] Women shall have equal rights to act as incorporators and enter into insurance contracts; and
        [4] Married women shall have rights equal to those of married men in applying for passports, secure visas
and other travel documents, without need to secure the consent of their spouses.
        In all other similar contractual relations, women shall enjoy equal rights and shall have the capacity to act
which shall in every respect be equal to those of men under similar circumstances.
         SECTION 6. Equal Membership in Clubs - Women shall enjoy equal access to membership in all
social, civic and recreational clubs, committees, associations and similar other organizations devoted to public
purpose. They shall be entitled to the same rights and privileges accorded to their spouses if they belong to the
same organization.
         SECTION 7. Admission to Military Schools. - Any provision of the law to the contrary notwithstanding
consistent with the needs of the services, women shall be accorded equal opportunities for appointment,
admission, training, graduation and commissioning in all military or similar schools of the Armed Forces of the
Philippines and the Philippine National Police not later than the fourth academic year following the approval of this
Act in accordance with the standards required for men except for those minimum essential adjustments required
by physiological differences between sexes.

                                                                                                                     25
        SECTION 8. Voluntary Pag-ibig, GSIS, and SSS Coverage. - Married persons who devote full time to
managing the household and family affairs shall, upon the working spouse's consent, be entitled to voluntary Pag-
IBIG (Pagtutulungan - Ikaw, Bangko, Industrya at Gobyerno), Government Service Insurance System (GSIS) or
Social Security System (SSS) coverage to the extent of one-half (1/2) of the salary and compensation of the
working spouse. The contributions due thereon shall be deducted from the salary of the working spouse.
       The GSIS or the SSS, as the case may be, shall issue rules and regulations necessary to effectively
implement the provisions of this section.
        SECTION 9. Implementing Rules - The NEDA in consultation with the different government agencies
concerned shall issue rules and regulations as may be necessary for the effective implementation of Sections 2,3
and 4 of this Act within six (6) months from its effectivity.
       SECTION 10. Compliance Report - Within six (6) months from the effectivity of this act and every six (6)
months thereafter, all government departments, including its agencies and instrumentalities, shall submit a report
to Congress on their compliance with this Act.
          SECTION 11. Separability Clause - If for any reason any section or provision of this act is declared
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to
be in full force and effect.
         SECTION 12. Repealing Clause - The provisions of RA 386, otherwise known as the Civil Code of the
Philippines, as amended, and of Executive Order No. 209, otherwise known as the Family Code of the
Philippines, and all laws, decrees, executive orders, proclamations, rules and regulations, or parts thereof,
inconsistent herewith are hereby repealed.
       SECTION 13 Effectivity Clause - The rights of women and all the provisions of this Act shall take effect
immediately upon its publication in the Official Gazette or in two (2) newspapers of general circulation.
        APPROVED.


   (SGD) NEPTALI A. GONZALES                              (SGD) RAMON V. MITRA
      President of the Senate                          Speaker of the House of Representatives

       This Act which is a consolidation of House Bill No. 22466 and Senate Bill No. 1200 was finally passed by
the House of Representatives and the Senate on December 11, 1991.

     (SGD) LORENZO E. LEYNES, JR.                          (SGD) CAMILO L. SABIO
       Actg Secretary of the Senate                              Secretary General
                                                              House of Representatives

        Approved: February 12, 1992


                                          (SGD) CORAZON C. AQUINO
                                            President of the Philippines




                                                                                                                  26
                                               Republic of the Philippines
                                               Congress of the Philippines
                                                     Metro Manila
                                                   Twelfth Congress

                                                  Third Regular Session

            Begun and held in Metro Manila, on Monday, the twenty-eighth day of July, two thousand and three.

                                                        ___o0o___

                                               [ REPUBLIC ACT NO. 9262 ]

      AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
        MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER PURPOSES

           Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".
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.
SEC. 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:
             1. rap, 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;
             2. 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;
             3. 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
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         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.

(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.

SEC. 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence
against women and their children.
SEC. 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;
    c. Attempting to cause the woman or her child physical harm;
    d. Placing the woman or her child in fear of imminent physical harm;
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    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;
             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 belongingness 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.
SEC. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished
according to the following rules:
    a. Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or
       homicide shall be punished in accordance with the provisions of the Revised Penal Code.
         If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those
         constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical
         injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished
         by arresto mayor.


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         Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty
         for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto
         mayor.
    b. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
    c. Acts falling under Section 5(e) shall be punished by prision correccional;
    d. Acts falling under Section 5(f) shall be punished by arresto mayor;
    e. Acts falling under Section 5(g) shall be punished by prision mayor;
    f.   Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.
         If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the
         penalty to be applied shall be the maximum period of penalty prescribed in the section.
         In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred
         thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo
         mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.
SEC. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over
cases of violence against women and their children under this law. In the absence of such court in the place where the
offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was
committed at the option of the compliant.
SEC. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of
violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief
granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption
in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life.
The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be
issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection
order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:
    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 belongingness;
    f.   Granting a temporary or permanent custody of a child/children to the petitioner;

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    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;
    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.
SEC. 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.
SEC. 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.
SEC. 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:

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              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.


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.
SEC. 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in
the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty
Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.
SEC. 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications
for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the
court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner in the hearing on the application.
If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal
representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant,
such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.
However, a private counsel offering free legal service is not barred from representing the petitioner.
SEC. 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.
SEC. 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.

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SEC. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court
after notice and hearing.
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.
Sec. 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital
letters on the protection order issued by the Punong Barangay or court:
"Violation of this order is punishable by law."
Sec. 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a
protection order within the reglementary period specified in the previous section without justifiable cause shall render the
official or judge administratively liable.
Sec 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.
Sec. 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of
applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the
courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business
and, if necessary, suspend other proceedings in order to hear applications for a protection order.
Sec. 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.

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Sec. 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.
Sec. 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.
Sect. 24. Prescription 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.
Sec. 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.
Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from
battered woman syndrome do not incure 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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;
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              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.
Sec. 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.
Sec. 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.
SEC. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection
order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or
abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997
and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is
sought under this Act.
Failure to comply with this Section shall render the official or judge administratively liable.
SEC 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.
SEC. 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

                                                                                                                            35
    e. To be informed of their rights and the services available to them including their right to apply for a
       protection order.
SEC. 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary
damages.
SEC. 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases
prosecuted under this Act.
SEC. 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate
necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept
the application without payment of the filing fee and other fees and of transcript of stenographic notes.
SEC. 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the
abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children,
hereinafter known as the Council, which shall be composed of the following agencies:
    a.   Department of Social Welfare and Development (DSWD);
    b.   National Commission on the Role of Filipino Women (NCRFW);
    c.   Civil Service Commission (CSC);
    d.   Council for the Welfare of Children (CWC);
    e.   Department of Justice (DOJ);
    f.   Department of the Interior and Local Government (DILG);
    g.   Philippine National Police (PNP);
    h.   Department of Health (DOH);
    i.   Department of Education (DepEd);
    j.   Department of Labor and Employment (DOLE); and
    k.   National Bureau of Investigation (NBI).
These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as
develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also
serve as the monitoring body as regards to VAW initiatives.
The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant
secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive
emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.
SEC. 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU’s shall provide the victims temporary
shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SEC. 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to
perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways.
When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.
SEC. 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies
involved in responding to violence against women and their children cases shall be required to undergo education and
training to acquaint them with:
    a. the nature, extend and causes of violence against women and their children;
    b. the legal rights of, and remedies available to, victims of violence against women and their children;
    c. the services and facilities available to victims or survivors;
    d. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and


                                                                                                                         36
    e. techniques for handling incidents of violence against women and their children that minimize the
       likelihood of injury to the officer and promote the safety of the victim or survivor.
The PNP, in coordination with LGU’s shall establish an education and training program for police officers and barangay
officials to enable them to properly handle cases of violence against women and their children.
SEC. 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.
SEC. 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.
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).
SEC. 45. –Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the mandated agencies and LGU’s shall be used to implement services for
victim of violence against women and their children.
SEC. 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW,
the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW,
shall promulgate the Implementing Rules and Regulations (IRR) of this Act.
SEC. 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have
suppletory application.
SEC. 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other sections or
provisions shall not be affected.
SEC. 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof,
inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC. 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2)
newspapers of general circulation.

                    (Sgd.)JOSE DE VENECIA, JR.                                  (Sgd.)FRANKLIN DRILON
                    Speaker of the House Of the Representatives                    President of the Senate

  This Act, which is a consolidation of Senate Bill No. 2723 and House Bill Nos. 5516 and 6054, was finally passed by the
            Senate and the House of Representatives on January 29, 2004 and February 2, 2004, respectively.

                       (Sgd.)ROBERTO P. NAZARENO                                 (Sgd.)OSCAR YABES
               Secretary General of the House of Representatives                     Secretary of the Senate

Approved: MARCH 08, 2004

                                           (Sgd.)GLORIA MACAPAGAL-ARROYO
                                                  President of the Philippines

                                                                                                                              37
                                                      MALACANANG
                                                         Manila

                                               EXECUTIVE ORDER NO. 348

       APPROVING AND ADOPTING THE PHILIPPINE DEVELOPMENT PLAN FOR WOMEN FOR 1989 TO 1992

          WHEREAS, Article II, Section 14, of the 1987 Constitution provides that "The Senate recognizes the role of women
in nation-building, and shall ensure the fundamental equality before the law of women and men:"
         WHEREAS, the Philippine Development Plan for Women for 1989 to 1992 was formulated through the efforts of
various government agencies and non-governmental organizations;
          NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, do hereby approve and adopt the
"Philippine Development Plan for Women for 1989 to 1992," hereinafter referred to as the Plan, and order that:
1.   All government departments, bureaus, offices, agencies and instrumentalities, including government-owned or
     controlled corporations, are enjoined to take appropriate steps to ensure the full implementation of the programs and
     projects outlined in the plan.
2.   The National Commission on the Role of Women (NCRFW), in coordination with the National economic and
     Development Authority (NEDA), shall monitor the implementation of the plan by various government agencies. It shall
     likewise monitor the plan's periodic assessment and updating and, for this purpose, the NCRFW may call upon the
     assistance of any department, bureau, office, agency , or instrumentality of the government, including government
     owned or controlled corporations, Non-governmental organizations and private entities are urged to assist in the
     monitoring of the implementation, assessment and updating of the plan.
3.   An appropriate focal point for women's concerns or any other similar mechanism shall be constituted in each
     department, bureau, office, agency, or instrumentality of the government, including government owned or controlled
     corporations, to ensure the implementation and monitoring of implementation, review and updating of programs and
     projects identified for each sector.
4.   The NCRFW is hereby authorized, upon consultation with the President, to issue orders, circulars or guidelines as may
     be necessary in the implementation, coordination and monitoring of the Plan, as well as in its assessment and
     updating. For these purposes, the NCRFW may constitute the appropriate inter-agency committees.
5.   The initial amount necessary to implement the Plan for Calendar year 1989 shall be charged against the appropriate
     funds of the government agencies concerned and from any available lump sum fund under RA 6688 as may be
     determined by the Department of Budget and Management. Appropriations for succeeding years shall be incorporated
     in the budget proposals for Congressional action.
6.   This Executive Order shall take effect immediately.
        Done in the City of Manila, this 17th day of February in the year of Our Lord, nineteen hundred and eighty-nine.


                                                              (SGD) CORAZON C. AQUINO
                                                                President of the Philippines


        By the President:

        (Sgd) CATALINO MACARAIG, JR
               Executive Secretary




                                                                                                                           38
                                                        REPUBLIC ACT NO. 8353

     AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST
          PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE
                              REVISED PENAL CODE, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

   SECTION 1. Short Title. - This Act shall be known as "The Anti-Rape Law of 1997."

     SECTION 2. Rape as a Crime Against Persons. - The crime of rape shall hereafter be classified as a Crime Against Persons under
Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title
Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:


        "Chapter Three
          "Rape


   "Article 266-A. Rape: When And How Committed. - Rape is committed:

   "1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
                       "a) Through force, threat, or intimidation;

                       "b) When the offended party is deprived of reason or otherwise unconscious;

                       "c) By means of fraudulent machination or grave abuse of authority; and

                       "d) When the offended party is under twelve (12) years of age or is demented, even though none of the
                   circumstances mentioned above be present.
    "2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another
person.
   "Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.

    "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua
to death.

   "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to
death.

    "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion
perpetua to death.

   "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.

     "The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:

   "l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by
consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;

   "2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;



                                                                                                                                     39
   "3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of
consanguinity;

    "4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the
offender before or at the time of the commission of the crime;

   "5) When the victim is a child below seven (7) years old;

   "6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;

     "7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National
Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission
of the crime;

   "8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;

   "9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and

    "10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of
the commission of the crime.

   "Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.

    "Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to
reclusion temporal.

   "When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.

   "When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion
temporal to reclusion perpetua.

   "When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.

    "Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in
this article.

    "Article 266-C. Effect of Pardon. - The subsequent valid marriage between the offended party shall extinguish the criminal action or
the penalty imposed.

    "In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the
criminal action or the penalty: Provided, That the crime shall not be extinguished or the penalty shall not be abated if the marriage is void
ab initio.

   "Article 266-D. Presumptions. - Any physical overt act manifesting resistance against the act of rape in any degree from the offended
party, or where the offended party is so situated as to render her/him incapable of giving valid consent, may be accepted as evidence in
the prosecution of the acts punished under Article 266-A."

   SECTION 3. Separability Clause. - If any part, section, or provision of this Act is declared invalid or unconstitutional, the other parts
thereof not affected thereby shall remain valid.

  SECTION 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and all laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly.



                                                                                                                                         40
   SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in two (2) newspapers of
general circulation.


   Approved:


   (SGD.) JOSE DE VENECIA, JR.
   Speaker of the House of Representatives


   (SGD.) ERNESTO M. MACEDA
   President of the Senate


   This Act, which is a consolidation of Senate Bill No. 950 and House Bill No. 6265, was finally passed by the Senate and the House of
Representatives on June 5, 1997 and September 3, 1997, respectively.




   (SGD.) ROBERTO P. NAZARENO
   Secretary General
   House of Representatives

   (SGD.) LORENZO E. LEYNES, JR.
   Secretary of the Senate


   Approved: September 30, 1997




   (SGD.) FIDEL V. RAMOS
   President of the Philippines




                                                                                                                                    41
                       REPUBLIC ACT NO. 8353

      AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE,
  RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING
 FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS
                    THE REVISED PENAL CODE,
                    AND FOR OTHER PURPOSES



   Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

   SECTION 1. Short Title. - This Act shall be known as "The Anti-Rape Law of
1997."

    SECTION 2. Rape as a Crime Against Persons. - The crime of rape shall
hereafter be classified as a Crime Against Persons under Title Eight of Act No.
3815, as amended, otherwise known as the Revised Penal Code. Accordingly,
there shall be incorporated into Title Eight of the same Code a new chapter to be
known as Chapter Three on Rape, to read as follows:


        "Chapter Three
          "Rape


   "Article 266-A. Rape: When And How Committed. - Rape is committed:

     "1) By a man who shall have carnal knowledge of a woman under any of the
following circumstances:

               "a) Through force, threat, or intimidation;

               "b) When the offended party is deprived of reason or otherwise
            unconscious;

               "c) By means of fraudulent machination or grave abuse of
            authority; and

               "d) When the offended party is under twelve (12) years of age or is

                                                                                    42
             demented, even though none of the circumstances mentioned above
             be present.
    "2) By any person who, under any of the circumstances mentioned in
paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis
into another person's mouth or anal orifice, or any instrument or object, into the
genital or anal orifice of another person.

   "Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article
shall be punished by reclusion perpetua.

   "Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be reclusion perpetua to death.

    "When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall become reclusion perpetua to death.

   "When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion perpetua to death.

   "When by reason or on the occasion ofthe rape, homicide is committed, the
penalty shall be death.

   "The death penalty shall also be imposed if the crime of rape is committed with
any of the following aggravating/qualifying circumstances:

    "l) When the victim is under eighteen (18) years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within
the third civil degree, or the common-law spouse of the parent of the victim;

   "2) When the victim is under the custody of the police or military authorities or
any law enforcement or penal institution;

    "3) When the rape is committed in full view of the spouse, parent, any of the
children or other relatives within the third civil degree of consanguinity;

     "4) When the victim is a religious engaged in legitimate religious vocation or
calling and is personally known to be such by the offender before or at the time of
the commission of the crime;

   "5) When the victim is a child below seven (7) years old;

   "6) When the offender knows that he is afflicted with the Human Immuno-
                                                                                       43
Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other
sexually transmissible disease and the virus or disease is transmitted to the victim;

    "7) When committed by any member of the Armed Forces of the Philippines or
para-military units thereof or the Philippine National Police or any law enforcement
agency or penal institution, when the offender took advantage of his position to
facilitate the commission of the crime;

   "8) When by reason or on the occasion of the rape, the victim has suffered
permanent physical mutilation or disability;

    "9) When the offender knew of the pregnancy of the offended party at the time
of the commission of the crime; and

   "10) When the offender knew of the mental disability, emotional disorder and/or
physical handicap of the offended party at the time of the commission of the crime.

    "Rape under paragraph 2 of the next preceding article shall be punished by
prision mayor.

   "Whenever the rape is committed with the use of a deadly weapon or by two or
more persons, the penalty shall be prision mayor to reclusion temporal.

    "When by reason or on the occasion of the rape, the victim has become
insane, the penalty shall be reclusion temporal.

   "When the rape is attempted and a homicide is committed by reason or on the
occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.

  "When by reason or on the occasion ofthe rape, homicide is committed, the
penalty shall be reclusion perpetua.

    "Reclusion temporal shall be imposed if the rape is committed with any of the
ten aggravating/ qualifying circumstances mentioned in this article.

    "Article 266-C. Effect of Pardon. - The subsequent valid marriage between the
offended party shall extinguish the criminal action or the penalty imposed.

    "In case it is the legal husband who is the offender, the subsequent forgiveness
by the wife as the offended party shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the penalty shall not be
abated if the marriage is void ab initio.
                                                                                    44
   "Article 266-D. Presumptions. - Any physical overt act manifesting resistance
against the act of rape in any degree from the offended party, or where the
offended party is so situated as to render her/him incapable of giving valid consent,
may be accepted as evidence in the prosecution of the acts punished under Article
266-A."

   SECTION 3. Separability Clause. - If any part, section, or provision of this Act is
declared invalid or unconstitutional, the other parts thereof not affected thereby
shall remain valid.

   SECTION 4. Repealing Clause. - Article 336 of Act No. 3815, as amended, and
all laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are
deemed amended, modified or repealed accordingly.

   SECTION 5. Effectivity. - This Act shall take effect fifteen (15) days after
completion of its publication in two (2) newspapers of general circulation.


   Approved:


   (SGD.) JOSE DE VENECIA, JR.
   Speaker of the House of Representatives


   (SGD.) ERNESTO M. MACEDA
   President of the Senate


    This Act, which is a consolidation of Senate Bill No. 950 and House Bill No.
6265, was finally passed by the Senate and the House of Representatives on June
5, 1997 and September 3, 1997, respectively.



   (SGD.) ROBERTO P. NAZARENO
   Secretary General
   House of Representatives

   (SGD.) LORENZO E. LEYNES, JR.
   Secretary of the Senate
                                                                                    45
Approved: September 30, 1997



(SGD.) FIDEL V. RAMOS
President of the Philippines




                               Republic of the Philippines
                               Congress of the Philippines
                                     Metro Manila

                                 Third Regular Session

     Begun and held in Metro Manila, on Monday, the twenty-fifth day of July nineteen
                               hundred and ninety-four.

                             REPUBLIC ACT NO. 7877
       An Act Declaring Sexual Harassment Unlawful in the Employment,
          Education or Training Environment, and for Other Purposes

  Be it enacted by the Senate and House of Representatives of the Philippines in
  Congress assembled:

  SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of
  1995”.

  SECTION 2. Declaration of Policy. – The State shall value the dignity of every
  individual, enhance the development of its human resources, guarantee full respect for
  human rights, and uphold the dignity of workers, employees, applicants for employment,
  students or those undergoing training, instruction or education. Towards this end, all
  forms of sexual harassment in the employment, education or training environment are
  hereby declared unlawful.

  SECTION 3. Work, Education or Training-related Sexual Harassment Defined. –
  Work, education or training-related sexual harassment is committed by an employer,
  employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
  coach, trainor, or any other person who, having authority, influence or moral ascendancy
  over another in a work or training or education environment, demands, requests or
  otherwise requires any sexual favor from the other, regardless of whether the demand,
  request or requirement for submission is accepted by the object of said Act.

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

                                                                                             46
        (1) (1) The sexual favor is made as a condition in the hiring or in the
            employment, re-employment or continued employment of said individual, or
            in granting said individual favorable compensation, terms, conditions,
            promotions, or privileges; or the refusal to grant the sexual favor results in
            limiting, segregating or classifying the employee which in any way would
            discriminate, deprive or diminish employment opportunities or otherwise
            adversely affect said employee;
        (2) (2) The above acts would impair the employee’s rights or privileges under
            existing labor laws; or
        (3) (3) The above acts would result in an intimidating, hostile, or offensive
            environment for the employee.
  (b) (b) In an education or training environment, sexual harassment is committed:
        (1) (1) Against one who is under the care, custody or supervision of the
            offender;
        (2) (2) Against one whose education, training, apprenticeship or tutorship is
            entrusted to the offender;
        (3) (3) When the sexual favor is made a condition to the giving of a passing
            grade, or the granting of honors and scholarships, or the payment of a
            stipend, allowance or other benefits, privileges or considerations; or
        (4) (4) When the sexual advances result in an intimidating, hostile or offensive
            environment for the student, trainee or apprentice.
      Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without which
it would not have been committed shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or
Training Environment. – It shall be the duty of the employer or the head of the work-
related, educational or training environment or institution to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the
employer or head of office shall:

   (a) (a) Promulgate appropriate rules and regulations in consultation with and jointly
        approved by the employees or students or trainees, through their duly
        designated representatives, prescribing the procedures for the investigation of
        sexual harassment cases and the administrative sanctions therefor.
     Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.
           The said rules and regulations issued pursuant to this sub-section (a) shall include,
                among others, guidelines on proper decorum in the workplace and educational or
                training institutions.
   (b) (b) Create a committee on decorum and investigation of cases on sexual
        harassment. The committee shall conduct meetings, as the case may be, with
        officers and employees, teachers, instructors, professors, coaches, trainors and
        students or trainees to increase understanding and prevent incidents of sexual

                                                                                                   47
         harassment. It shall also conduct the investigation of alleged cases constituting
         sexual harassment.

      In the case of work-related environment, the committee shall be composed of at
least one (1) representative each from the management, the union, if any, the employees
from the supervisory rank, and from the rank and file employees.

     In the case of the educational or training institutions, the committee shall be
composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case may
be.

     The employer or head of office, educational or training institution shall disseminate
or post a copy of this Act for the information of all concerned.

SECTION 5. Liability of the Employer, Head of Office, Educational or Training
Institution. – The employer or head of office, educational or training institution shall be
solidarily liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office,
educational or training institution is informed of such acts by the offended party and no
immediate action is taken thereon.

SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the
victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than
six (6) months, or a fine of not less than Ten thousand pesos (P10,000.00) nor more than
Twenty thousand pesos (P20,000.00), or both such fine and imprisonment at the
discretion of the court.

      Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.

SECTION 8. Separability Clause. – If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.


Approved,


(Sgd.) EDGARDO J. ANGARA
President of the Senate
                                                                                                     48
        (Sgd.) JOSE DE VENECIA, JR.
        Speaker of the House of Representatives


        This Act which is a consolidation of Senate Bill No. 1632 and House Bill No. 9425 was
        finally passed by the Senate and the House of Representatives on February 8, 1995.


        (Sgd.) EDGARDO E. TUMANGAN
        Secretaty of the Senate


        (Sgd.) CAMILO L. SABIO
        Secretary General, House of Representatives


        Approved: February 14, 1995


        (Sgd.) FIDEL V. RAMOS
        President
        Republic of the Philippines




                           Republic Act No 9208 - Anti-Trafficking in Persons act



                                        TWELFTH CONGRESS OF THE
                                       REPUBLIC OF THE PHILIPPINES
                                          Second Regular Session

                                           AN ACT
       TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN
       AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE
       PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS
                           VIOLATIONS, AND FOR OTHER PURPOSES

Be it enacted by -the Senate and House of Representatives of the Philippines in Congress assembled:

  SECTION 1. Title. - This Act shall be known as the "Anti-Trafficking in Persons Act of 2003".


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   SEC. 2. Declaration of Policy. - It is hereby declared that the State values the dignity of every human person
and guarantees the respect of individual rights. In pursuit of this policy, the State shall give highest priority to the
enactment of measures and development of programs that will promote human dignity, protect the people from
any threat of violence and exploitation, eliminate trafficking in persons, and mitigate pressures for involuntary
migration and servitude of persons, not only to support trafficked persons but more importantly, to ensure their
recovery, rehabilitation and reintegration into the mainstream of society.

   It shall be a State policy to recognize the equal rights and inherent r L man dignity of women and men as
enshrined in the United Nations Universal Declaration on Human Rights, United Nations Convention on the Rights
of the Child, United Nations Convention on the Protection of Migrant Workers and their Families, United Nations
Convention Against Transnational Organized Crime Including its Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children and all other relevant and universally accepted human
rights instruments and other international conventions to which the Philippines is a signatory.

  SEC. 3. Definition of Terms - As used in this Act

   (a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons
with or without the victim's consent or knowledge, within or across national borders by means of threat or use o
force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of
the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a
person having control over another person for the purpose of exploitation which includes at a minimum, the
exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery,
servitude or the removal or sale of organs.

  The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also
be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding
paragraph.

   (b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to
fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of
a physical or mental disability or condition.

  (c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for
sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration.

  (d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of
enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of
authority or moral ascendancy, debt-bondage or deception.

   (e) Sex Tourism - refers to a program organized by travel and tourism-related establishments and individuals
which consists of tourism packages or activities utilizing and offering escort and sexual services as enticement for
tourists. This includes sexual services and practices offered during rest and recreation periods for members of the
military.

  (f) Sexual Exploitation - refers to participation by a person in prostitution or the production of pornographic
materials as a result of being subjected to a threat, deception, coercion, abduction, force, abuse of authority, debt
bondage, fraud or through abuse of a victim's vulnerability.

                                                                                                                       50
   (g) Debt Bondage - refers to the pledging by the debtor of his/her personal services or labor or those of a
person under his/her control as security or payment for a debt, when the length and nature of services is not
clearly defined or when the value of the services as reasonably assessed is not applied toward the liquidation of
the debt.

  (h) Pornography - refers to any representation, through publication, exhibition, cinematography, indecent
shows, information technology, or by whatever means, of a person engaged in real or simulated explicit sexual
activities or any representation of the sexual parts of a person for primarily sexual purposes.

  (i) Council - shall mean the Inter-Agency Council Against Trafficking created under Section 20 of this Act.

   SEC. 4. Acts of Trafficking in Persons. - It shall be unlawful for any person, natural or juridical, to commit any
of the following acts:

  (a) To recruit, transport, transfer, harbor, provide, or receive a person by any means, including those done
under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of
prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

   (b) To introduce or match for money, profit, or material, economic or other consideration, any person or, as
provided for under Republic Act No. 69585, any Filipino woman to a foreign national, for marriage for the purpose
of acquring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;

   (c) To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or
trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary
servitude or debt bondage.

   (d) To undertake or organize tours and travel plans consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution, pornography or sexual exploitation;

  (e) To maintain or hire a person to engage in prostitution or pornography;

  (f) To adopt or facilitate the adoption of persons for the purpose of prostitution, pornography, sexual
exploitation, forced-labor, slavery, involuntary servitude or debt bondage;

   (g) To recruit, hire, adopt, transport or abduct a person, by means of threat or use of force, fraud, deceit,
violence, coercion, or intimidation for the purpose of removal or sale of organs of said person;

  (h) To recruit, transport or adopt a child to engage in armed activities in the Philippines or abroad.

   SEC. 5. Acts that Promote Trafficking in Persons. - The following acts which promote or facilitate trafficking
in persons, shall be unlawful:

  (a) To knowingly lease or sublease, use or allow to be used any house, building or establishment for the
purpose of promoting trafficking in persons;



                                                                                                                       51
   (b) To produce, print and issue or distribute unissued, tampered of fake counseling certificates, registration
stickers and certificates of any government agency which issues these certificates and stickers as proof of
compliance with government regulatory and pre-departure requirement for the purpose of promoting trafficking in
persons;

  (c) To advertise, publish, print, broadcast or distribute, or cause the advertisement, publication, printing,
broadcasting or distribution by any moans, including the use of information technology and the internet, of any
brochure, flyer, or any propaganda material that promotes trafficking in persons;

   (d) To assist in the conduct of misrepresentation or fraud for purposes of facilitating the acquisition of
clearances and necessary exit documents from government agencies that are mandated to provide pre-departure
registration and services for departing persons for the purpose of promoting trafficking in persons;

   (e) To facilitate, assist or help in the exit and entry of persons from/to the country at international and local
airports, territorial boundaries and seaports who are in possession of unissued, tampered or fraudulent travel
documents for he purpose of promoting trafficking in persons;

   (f) To confiscate, conceal, or destroy the passport, travel documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent them from leaving the country or seeking redress from
the government or appropriate agencies; and

  (g) To knowingly benefit from, financial or otherwise, or make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.

  SEC. 6. Qualified Trafficking in Persons. - The following are considered as qualified trafficking:

  (a) When the trafficked person is a child;

   (b) When the adoption is effected through Republic Act No. 8043, otherwise known as the "Inter-Country
Adoption Act of 1995" and said adoption is for the purpose of prostitution, pornography, sexual exploitation, forced
labor, slavery, involuntary servitude or debt bondage;

  (c) When the crime is committed by a syndicate, or in large scale. Trafficking is deemed committed by a
syndicate if carried out by a group of three (3) or more persons conspiring or confederating with another. It is
deemed committed in large scale if committed against three (3) or more per ;ms, individually or as a group;

   (d) When the offender is an ascendant, parent, sibling, guardian or a person who exercises authority over the
trafficked person or when the offense is committed by a public officer or employee;

  (e) When the trafficked person is recruited to engage in prostitution with any member of the military or law
enforcement agencies;

  (f) When the offender is a member of the military or law enforcement agencies; and

  (g) When by reason or on occasion of the act of trafficking in persons the offended party dies, becomes insane,
suffers mutilation or is afflicted with Human Immunodeficiency Virus (HIV) or the Acquired Immune Deficiency
Syndrome (AIDS).

                                                                                                                       52
   EC. 7. Confidentiality. - At any stage of the investigation, prosecution and trial of an offense under this Act,
law enforcement officers, prosecutors, judges, court personnel and medical practitioners, as well as parties to the
case, shall recognize the right to privacy of the trafficked person and the accused. Towards this end, law
enforcement officers, prosecutors and judges to whom the complaint has been referred may, whenever necessary
to ensure a fair and impartial proceeding, and after considering all circumstances for the best interest of the
parties, order a closed-door investigation, prosecution or trial. The name and personal circumstances of the
trafficked person or of the accused, or any other information tending to establish their identities and such
circumstances or information shall not be disclosed to the public.

   In cases when prosecution or trial is conducted behind closed-doors, it shall be unlawful for any editor,
publisher, and reporter or columnist in case of printed materials, announcer or producer in case of television and
radio, producer and director of a film in case of the movie industry, or any person utilizing tri-media facilities or
information technology to cause publicity of any case of trafficking in persons.

   SEC. 8. Prosecution of Cases. - Any person who has personal knowledge of the commission of any offense
under this Act, the trafficked person, the parents, spouse, siblings, children or legal guardian may file a complaint
for trafficking.

   SEC. 9. Venue.- A criminal action arising from violation of this Act shall be filed where the offense was
committed, or where any of its elements occurred, or where the trafficked person actually resides at the time of
the commission of the offense: Provided, That the court where the criminal action is first filed shall acquire
jurisdiction to the exclusion of other courts.

   SEC. 10. Penalties and Sanctions. - The following penalties and sanctions are hereby established for the
offenses enumerated in this Act:

   (a) Any person found guilty of committing any of the acts enumerated in Section 4 shall suffer the penalty of
imprisonment of twenty (20) years and a fine of not less than One million pesos (P1,000,000.00) but not more
than Two million pesos (P2,000,000.00);

  (b) Any person found guilty of committing any of the acts enumerated in Section 5 shall suffer the penalty of
imprisonment of fifteen (15) years and a fine of not less than Five hundred thousand pesos (P500,000.00) but not
more than One million pesos (P1,000,000.00);

  (c) Any person found guilty of qualified trafficking under Section 6 shall suffer the penalty of life imprisonment
and a fine of not less than Two million (P2,000,000.00) but not more than five million pesos (P5,000,000.00);

   (d) Any person who violates Section 7 hereof shall suffer the penalty of imprisonment of six (6) years and a fine
of not less than Five hundred thousand pesos (P500,000.00) but not more than One million pesos
(P1,000,000.00);

  (e) If the offender is a corporation, partnership, association, club, establishment or any juridical person, the
penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who
participated in the commission of the crime or who shall have knowingly permitted or failed to prevent its
commission;

  (f) The registration with the Securities and Exchange Commission (SEC) and license to operate of the erring
agency, corporation, association, religious group, tour or travel agent, club or establishment, or any place of
                                                                                                                       53
entertainment shall be cancelled and revoked permanently. The owner, president, partner or manager thereof
shall not be allowed to operate similar establishment in a different name;

  (g) If the offender is a foreigner, he shall be immediately deported after serving his sentence and be barred
permanently from entering the country;

   (h) Any employee or official of government agencies who shall issue or approve the issuance of travel exit
clearances, passports, registration certificates, counseling certificates, marriage license, and other similar
documents to persons, whether juridical or natural, recruitment agencies, establishments or other individuals or
groups, who fail to observe the prescribed procedures and-the requirement as provided for by laws, rules and
regulations, shall be held administratively liable, without prejudice to criminal liability under this Act. The
concerned government official or employee shall, upon conviction, be dismissed from the service and be barred
permanently to hold public office. His/her retirement and other benefits shall likewise be forfeited and

   (i) Conviction by final judgment of the adopter for any offense under this Act shall result in the immediate
rescission of the decree of adoption.

  SEC. 11. Use of Trafficked Persons. - Any person who bays or engages the services of trafficked persons for
prostitution shall be penalized as follows:

   (a) First offense - six (6) months of community service as may be determined by the court and a fine of Fifty
thousand pesos (P50,000.00); and

  (b) Second and subsequent offenses - imprisonment of one (1) year and a fine of One hundred thousand pesos
(P100,000.00).

  SEC. 12. Prescriptive Period. - Trafficking cases under this Act shall prescribe in ten (10) years: Provided,
however, That trafficking cases committed by a syndicate or in a large scale as defined under Section 6 shall
prescribe in twenty (20) years. Provided, however; That trafficking cases committed by a syndicate or in a large
scale as defined under Section 6 shall prescribe in twenty (20) years.

   The prescriptive period shall commence to run from the day on which the trafficked person is delivered or
released from the conditions of bondage and shall be interrupted by the filing of the complaint or information and
shall commence to run again when such proceedings terminate without the ac( used being convicted or acquitted
or are unjustifiably stopped for any reason not imputable to the accused.

   SEC. 13. Exemption from Filing Fees. - When the trafficked person institutes a separate civil action for the
recovery of civil damages, he/she shall be exempt from the payment of filing fees.

   SEC. 14. Confiscation and Forfeiture of the Proceeds and Instruments Derived from Trafficking in
Persons. - In addition to the penalty imposed for the violation of this Act, the court shall order the confiscation and
forfeiture, in favor of the government, of all the proceeds and properties derived from the commission of the crime,
unless they are the property of a third person not liable for the unlawful act: Provided, however. That all awards for
damages shall be taken from the personal and separate properties of the offender; Provided, further; That if such
properties are insufficient, the balance shall be taken from the confiscated and forfeited properties.

   When the proceeds, properties and instruments of the offense have been destroyed, diminished in value or
otherwise rendered worthless by any act or omission, directly or indirectly, of the offender, or it has been
                                                                                                                    54
concealed, removed, converted or transferred to prevent the same from being found or to avoid forfeiture or
confiscation, the offender shall be ordered to pay the amount equal to the value of the proceeds, property or
instruments of the offense.

   SEC. 15. Trust Fund. - All fines imposed under this Act and the proceeds and properties forfeited and
confiscated pursuant to Section 14 hereof shall accrue to a Trust Fund to be administered and managed by the
Council to be used exclusively for programs that will prevent acts of trafficking and protect, rehabilitate, reintegrate
trafficked persons into the mainstream of society. Such programs shall include, but not limited to, the following:

  (a) Provision for mandatory services set forth in Section 23 of this Act;

  (b) Sponsorship of a national research program on trafficking and establishment of a data collection system for
monitoring and evaluation purposes;

  (c) Provision of necessary technical and material support services to appropriate government agencies and
non-government organizations (NGOs);

  (d) Sponsorship of conferences and seminars to provide venue for consensus building amongst the public, the
academe, government, NGO and international organizations; and

  (e) Promotion of information and education campaign on trafficking.

  SEC. 16. Programs that Address Trafficking in Persons. – The government shall establish and implement
preventive, protective and implement preventive, protective and rehabilitative programs for trafficked persons.
For this purpose, the following agencies are hereby mandated to implement the following programs:

  (a) Department of Foreign Affairs (DFA) - shall make available its resources and facilities overseas for trafficked
persons regardless of their manner of entry to the receiving country, and explore means to further enhance its
assistance in eliminating trafficking activities through closer networking with government agencies in the country
and overseas, particularly in the formulation of policies and implementation of relevant programs.

   The DFA shall take necessary measures for the efficient implementation of the Machine Readable Passports to
protect the integrity of Philippine passports, visas and other travel documents to reduce the incidence of trafficking
through the use of fraudulent identification documents.

   It shall establish and implement a pre-marriage, on-site and pre-departure counseling program on
intermarriages.

   (b) Department of Social Welfare and Development (DSWD) shall implement rehabilitative and protective
programs for trafficked persons. It shall provide counseling and temporary shelter to trafficked persons and
develop a system for accreditation among NGOs for purposes of establishing centers and programs for
intervention in various levels of the community.

   (c) Department of Labor and Employment (DOLE) - shall ensure the strict implementation and compliance with
the rules and guidelines relative to the employment of persons locally and overseas. It shall likewise monitor,
document and report cases of trafficking in persons involving employers and labor recruiters.


                                                                                                                     55
  (d) Department of Justice (DOJ) - shall ensure the prosecution of persons accused of trafficking and designate
and train special prosecutors who shall handle and prosecute cases of trafficking. It shall also establish a
mechanism for free legal assistance for trafficked persons in coordination with the DSWD, Integrated Bar of the
Philippines (IBP) and other NGOs and volunteer groups.

   (e) National Commission on the Role of Filipino Women (NCRFW) shall actively participate and coordinate in
the formulation and monitoring of policies addressing the issue of trafficking in persons in coordination with
relevant government agencies. It shall likewise advocate for the inclusion of the issue of trafficking in persons in
both its local and international advocacy for women's issues.

  (f) Bureau of Immigration (BI) - shall strictly administer and enforce immigration and alien administration laws. It
shall adopt measures for the apprehension of suspected traffickers both at the place of arrival and departure and
shall ensure compliance by the Filipino fiancés/fiancées and spouses of foreign nationals with the guidance and
counseling requirement as provided for in this Act.

   (g) Philippine National Police (PNP) – shall be the primary law enforcement agency to undertake surveillance,
investigation and arrest of individuals or persons suspected to be engaged in trafficking. It shall closely coordinate
with various law enforcement agencies to secure concerted efforts for effective investigation and apprehension of
suspected traffickers. It shall also establish a system to receive complaints and calls to assist trafficked persons
and conduct rescue operations.

   (h) Philippine Overseas Employment Administration (POEA) - shall implement an effective pre-employment
orientation seminars and pre-departure counseling programs to applicants for overseas employment. It shall
likewise formulate a system of providing free legal assistance to trafficked persons.

  (i) Department of the Interior and Local Government (DILG) - shall institute a systematic information and
prevention campaign and likewise maintain a databank for the effective monitoring, documentation and
prosecution of cases on trafficking in persons.

   (j) Local government units (LGUs) - shall monitor and document cases of trafficking in persons in their areas of
jurisdiction, effect the cancellation of Incenses of establishments which violate the provisions of this Act and
ensure effective prosecution of such cases. They shall also undertake an information campaign against trafficking
in persons through the establishment of the Migrants Advisory and Information Network (MAIN) desks in
municipalities or provinces in coordination with DILG, Philippine Information Agency (PlA), Commission On
Filipinos Overseas (CFO), NGOs and other concerned agencies. They shall encourage and support community
based initiatives which address the trafficking in persons.

  In implementing this Act, the agencies concerned may seek and enlist the assistance of NGOs, people's
organizations (POs), civic organizations and other volunteer groups.

  SEC. 17. Legal Protection to Trafficked Persons. - Trafficked persons shall be recognized as victims of the
act or acts of trafficking and as such shall not be penalized for crimes directly related to the acts of trafficking
enumerated in this Act or in obedience to the order made by the trafficker in relation thereto. In this regard, the
consent of a trafficked person to the intended exploitation set forth in this Act shall be irrelevant.

  SEC. 18. Preferential Entitlement Under the Witness Protection Program. – Any provision of Republic Act
No. 6981 to the contrary notwithstanding, any trafficked person shall be entitled to the witness protection program
provided therein.
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   SEC. 19. Trafficked Persons Who Are Foreign Nationals. - Subject to the guidelines issued by the Council,
trafficked persons in tile Philippines who are nationals of a foreign country shall also be entitled to appropriate
protection, assistance and services available to trafficked persons under this Act; Provided, That they shall be
permitted continued in the Philippines for a length of time prescribed by the Council as necessary to effect the
prosecution of offenders.

   SEC. 20. Inter-Agency Council Against Trafficking. - There is hereby established an Inter-Agency Council
Against Trafficking, to be composed of the Secretary of the Department of Justice as Chairperson and the
Secretary of the Department of Social Welfare and Development as Co-Chairperson and shall have the following
as members:
   (a) Secretary, Department of Foreign Affairs;
   (b) Secretary, Department of Labor and Employment;
   (c) Administrator, Philippine Overseas Employment Administration;
   (d) Commissioner, Bureau of Immigration;
   (e) Director-General, Philippine National Police;
   (f) Chairperson, National Commission on the Role of Filipino Women;
   (g) Three (3) representatives from NGOs, who shall be composed of one (1) representative each from among
the sectors representing women, overseas Filipino workers (OFWs) and children, with a proven record of
involvement in the prevention and suppression of trafficking in persons. These representatives shall be nominated
by the government agency representatives of the Council, for appointment by the President for a term of three (3)
years.

   The members of the Council may designate their permanent representatives who shall have a rank not lower
than an assistant secretary on its equivalent to meetings, and shall receive emoluments as may be determined by
the Council in accordance with existing budget and accounting rules and regulations.

   SEC. 21. Functions of the Council. - The Council shall have the following powers and functions:
   (a) Formulate a comprehensive and integrated program to prevent and suppress the trafficking in persons;
   (b) Promulgate rules and regulations as may be necessary for the effective implementation of this Act;
   (c) Monitor and oversee the strict implementation of this Act;
   (d) Coordinate the programs and projects of the various member agencies to effectively address the issues and
problems attendant to trafficking in persons;
   (e) Coordinate the conduct of massive information dissemination and campaign on the existence of the law and
the various issues and problems attendant to trafficking through the local government units (LGUs), concerned
agencies, and NGOs;
   (f) Direct other agencies to immediately respond to the problems brought to their attention and report to the
Council on action taken;
   (g) Assist in filing of cases against individuals, agencies, institutions or establishments that violate the
provisions of this Act;
   (h) Formulate a program for the reintegration of trafficked persons in cooperation with DOLE, DSWD, Technical
Education and Skills Development Authority (TESDA), Commission on Higher Education (CHED), LGUs and
NGOs;
   (i) Secure from any department, bureau, office, agency, or instrumentality of the government or from NGOs and
other civic organizations such assistance as may be needed to effectively implement this Act;
   (j) Complement the shared government information system for migration established under Republic Act No.
8042, otherwise known as the "Migrant Workers And Overseas Filipinos Act of 1995" with data on cases of
trafficking in persons, and ensure that the proper agencies conduct a continuing research and study on the
                                                                                                                  57
patterns and scheme of trafficking in persons which shall form the basis for policy formulation and program
direction;
   (k) Develop the mechanism to ensure the timely, coordinated and effective response to cases of trafficking in
persons;
   (l) Recommend measures to enhance cooperative efforts and mutual assistance among foreign countries
through bilateral and/or multilateral arrangements to prevent and suppress international trafficking in persons;
   (m) Coordinate with the Department of Transportation and Communications (DOTC), Department of Trade and
Industry (DTI), and other NGOs in monitoring the promotion of advertisement of trafficking in the internet;
   (n) Adopt measures and policies to protect the rights and needs of trafficked persons who are foreign nationals
in the Philippines;
   (o) Initiate training programs in identifying and providing the necessary intervention or assistance to trafficked
persons; and
   (p) Exercise all the powers and perform such other functions necessary to attain the purposes and objectives of
this Act.

   SEC. 22. Secretariat to the Council. - The Department of Justice shall establish the necessary Secretariat for
the Council.

   SEC. 23. Mandatory Services to Trafficked Persons. - To ensure recovery, rehabilitation and reintegration
into the mainstream of society, concerned government agencies shall make available the following services to
trafficked persons:
   (a) Emergency shelter or appropriate housing;
   (b) Counseling;
   (c) Free legal services which shall include information about the Victims' rights and the procedure for filing
complaints, claiming compensation and such other legal remedies available to them, in a language understood by
the trafficked person;
   (d) Medical or psychological services;
   (e) Livelihood and skills training; and
   (f) Educational assistance to a trafficked child.
   Sustained supervision and follow through mechanism that will track the progress of recovery, rehabilitation and
reintegration of the trafficked persons shall be adopted and carried out.

   SEC. 24. Other Services for Trafficked Persons. –
   (a) Legal Assistance. - Trafficked persons shall be considered under the category "Overseas Filipino in
Distress" and may avail of the legal assistance created by Republic Act No. 8042, subject to the guidelines as
provided by law.
   (b) Overseas Filipino Resource Centers. - The services available to overseas Filipinos as provided for by
Republic Act No. 8042 shall also be extended to trafficked persons regardless of their immigration status in the
host country.
   (c) The Country- Team Approach. - The country team approach under Executive Order No. 74 of 1993, shall be
the operational scheme under which Philippine embassies abroad shall provide protection to trafficked persons
insofar as the promotion of their welfare, dignity and fundamental rights are concerned.

  SEC. 25. Repatriation of Trafficked Persons. - The DFA, in coordination with DOLE and other appropriate
agencies, shall have the primary responsibility for the repatriation of trafficked persons, regardless of whether they
are documented or undocumented.


                                                                                                                   58
  If, however, the repatriation of the trafficked persons shall expose the victims to greater risks, the DFA shall
make representation with the host government for the extension of appropriate residency permits and protection,
as may be legally permissible in the host country.

  SEC. 26. Extradition. - The DOJ, in consultation with DFA, shall endeavor to include offenses of trafficking in
persons among extraditable offenses.

  SEC. 27. Reporting Requirements. - The Council shall submit to the President of the Philippines and to
Congress an annual report of the policies, programs and activities relative to the implementation of this Act.

  SEC. 28. Funding. - The heads of the departments and agencies concerned shall immediately include in their
programs and issue such rules and regulations to implement the provisions of this Act, the funding of which shall
be included in the annual General Appropriations Act.

   SEC. 29. Implementing Rules and Regulations. - The Council shall promulgate the necessary implementing
rules and regulations within sixty (60) days from the effectivity of this Act.

  SEC. 30. Non-restriction of Freedom of Speech and of Association, Religion and the Right to Travel. -
Nothing in this Act shall be interpreted as a restriction of the freedom of speech and of association, religion and t,
11) right to travel for purposes not contrary to law as guaranteed by the Constitution.

   SEC. 31. Separability Clause. - If, for any reason, any section or provision of this Act is held unconstitutional
or invalid, the other sections or provisions hereof shall not be affected thereby.

  SEC. 32. Repealing Clause. - All laws, presidential decrees, executive orders and rules and regulations, or
parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly: Provided,
That this Act shall not in any way amend or repeal the provision of Republic Act No. 7610, otherwise known as the
"Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act".

   SEC. 33. Effectivity. - This Act shall take effect fifteen (15) days from the date of its complete publication in at
least two (2) newspapers or general circulation.




REPUBLIC ACT No. 8505  February 13, 1998
RAPE VICTIM ASSISTANCE AND PROTECTION ACT OF 1998


REPUBLIC ACT No. 8505           February 13, 1998
                                                                                                                     59
  AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE
       PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE
             APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES

Section 1. Title. - This Act shall be known as the "Rape Victim Assistance and Protection Act of 1998."

Section 2. Declaration of Policy. - It is hereby declared the policy of the State to provide necessary assistance
and protection for rape victims. Towards this end, the government shall coordinate its various agencies and non-
government organizations to work hand in hand for the establishment and operation of a rape crisis center in
every province and city that shall assist and protect rape victims in the litigation of their cases and their recovery.

Section 3. Rape Crisis Center. - The Department of Social Welfare and Development (DSWD), the Department of
Health (DOH), the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ), and
a lead non-government organization (NGO) with proven track record or experience in handling sexual abuse
cases, shall establish in every province and city a rape crisis center located in a government hospital or health
clinic or in any other suitable place for the purpose of:

        (a) Providing rape victims with psychological counselling, medical and health services, including their
        medico-legal examination;

        (b) Securing free legal assistance or service, when necessary, for rape victims;

        (c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in
        court;

        (d) Ensuring the privacy and safety of rape victims;

        (e) Providing psychological counselling and medical services whenever necessary for the family of rape
        victims;

        (f) Developing and undertaking a training program for law enforcement officers, public prosecutors,
        lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities;
        gender sensitivity and legal management of rape cases; and      alf-1awphi1




        (g) Adopting and implementing programs for the recovery of rape victims.

The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis Center.

Section 4. Duty of the Police Officer. - Upon receipt by the police of the complaint for rape, it shall be the duty of
the police officer to:

        (a) Immediately refer the case to the prosecutor for inquest/investigation if the accused is detained;
        otherwise, the rules of court shall apply;

        (b) Arrange for counselling and medical services for the offended party; and

        (c) Immediately make a report on the action taken.

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It shall be the duty of the police officer or the examining physician, who must be of the same gender as the
offended party, to ensure that only persons expressly authorized by the offended party shall be allowed inside the
room where the investigation or medical or physical examination is being conducted.

For this purpose, a women's desk must be established in every police precinct throughout the country to provide a
police woman to conduct investigation of complaints of women rape victims. In the same manner, the preliminary
investigation proper or inquest of women rape victims must be assigned to female prosecutor or prosecutors after
the police shall have endorsed all the pertinent papers thereof to the same office.

Section 5. Protective Measures. - At any stage of the investigation, prosecution and trial of a complaint for rape,
the police officer, the prosecutor, the court and its officers, as well as the parties to the complaint shall recognize
the right to privacy of the offended party and the accused. Towards this end, the police officer, prosecutor, or the
court to whom the complaint has been referred may, whenever necessary to ensure fair and impartial
proceedings, and after considering all circumstances for the best interest of the parties, order a closed-door
investigation, prosecution or trial and that the name and personal circumstances of the offended party and/or the
accused, or any other information tending to establish their identities, and such circumstances or information on
the complaint shall not be disclosed to the public.

The investigating officer or prosecutor shall inform the parties that the proceedings can be conducted in a
language or dialect known or familiar to them.

Section 6. Rape Shield. - In prosecutions for rape, evidence of complainant's past sexual conduct, opinion thereof
or of his/her reputation shall not be admitted unless, and only to the extent that the court finds, that such evidence
is material and relevant to the case.

Section 7. Appropriations. - For the establishment and operation of the rape crisis centers during the first year of
implementation of this Act, the amount of One hundred twenty million pesos (P120,000,000.00) shall be charged
against the Organizational Adjustment Fund, as follows: Sixty million pesos (P60,000,000.00) for the DSWD; and
Twenty million pesos (P20,000,000.00) each for the DOH, DILG, and DOJ, respectively. Thereafter, the
necessary amount for the rape crisis centers shall be included in the budgetary allocations for the agencies
concerned in the annual General Appropriations Act.

Section 8. Implementing Rules and Regulations. - Within ninety (90) days upon the approval of this Act, all
concerned agencies shall formulate rules and regulations as may be necessary for the proper implementation
thereof.

Section 9. Separability Clause. - If any part, section or provision of this Act is declared invalid or unconstitutional,
the other parts thereof not affected thereby shall remain valid.

Section 10. Repealing Clause. - All laws, acts, presidential decrees, executive orders, administrative orders, rules
and regulations inconsistent with or contrary to the provisions of this Act are deemed amended, modified or
repealed accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days after completion of its publication in at least
two (2) newspapers of general circulation.

Approved: February 13, 1998           lawphi1™




                                                                                                                          61
                             Republic of the Philippines
                             Congress of the Philippines
                                   Metro Manila

                               Third Regular Session

   Begun and held in Metro Manila, on Monday, the twenty-fifth day of July nineteen
                             hundred and ninety-four.

                           REPUBLIC ACT NO. 7877
     An Act Declaring Sexual Harassment Unlawful in the Employment,
        Education or Training Environment, and for Other Purposes

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Title. – This Act shall be known as the “Anti-Sexual Harassment Act of
1995”.

SECTION 2. Declaration of Policy. – The State shall value the dignity of every
individual, enhance the development of its human resources, guarantee full respect for
human rights, and uphold the dignity of workers, employees, applicants for employment,
students or those undergoing training, instruction or education. Towards this end, all
forms of sexual harassment in the employment, education or training environment are
hereby declared unlawful.

SECTION 3. Work, Education or Training-related Sexual Harassment Defined. –
Work, education or training-related sexual harassment is committed by an employer,
employee, manager, supervisor, agent of the employer, teacher, instructor, professor,
coach, trainor, or any other person who, having authority, influence or moral ascendancy
over another in a work or training or education environment, demands, requests or
otherwise requires any sexual favor from the other, regardless of whether the demand,
request or requirement for submission is accepted by the object of said Act.

  (c) (a) In a work-related or employment environment, sexual harassment is
      committed when:
        (4) (1) The sexual favor is made as a condition in the hiring or in the
            employment, re-employment or continued employment of said individual, or
            in granting said individual favorable compensation, terms, conditions,
            promotions, or privileges; or the refusal to grant the sexual favor results in
            limiting, segregating or classifying the employee which in any way would
            discriminate, deprive or diminish employment opportunities or otherwise
            adversely affect said employee;
        (5) (2) The above acts would impair the employee’s rights or privileges under
            existing labor laws; or
        (6) (3) The above acts would result in an intimidating, hostile, or offensive
            environment for the employee.
  (d) (b) In an education or training environment, sexual harassment is committed:
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        (5) (1) Against one who is under the care, custody or supervision of the
            offender;
        (6) (2) Against one whose education, training, apprenticeship or tutorship is
            entrusted to the offender;
        (7) (3) When the sexual favor is made a condition to the giving of a passing
            grade, or the granting of honors and scholarships, or the payment of a
            stipend, allowance or other benefits, privileges or considerations; or
        (8) (4) When the sexual advances result in an intimidating, hostile or offensive
            environment for the student, trainee or apprentice.
      Any person who directs or induces another to commit any act of sexual harassment
as herein defined, or who cooperates in the commission thereof by another without which
it would not have been committed shall also be held liable under this Act.

SECTION 4. Duty of the Employer or Head of Office in a Work-related, Education or
Training Environment. – It shall be the duty of the employer or the head of the work-
related, educational or training environment or institution to prevent or deter the
commission of acts of sexual harassment and to provide the procedures for the
resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the
employer or head of office shall:

   (c) (a) Promulgate appropriate rules and regulations in consultation with and jointly
        approved by the employees or students or trainees, through their duly
        designated representatives, prescribing the procedures for the investigation of
        sexual harassment cases and the administrative sanctions therefor.
     Administrative sanctions shall not be a bar to prosecution in the proper courts for
unlawful acts of sexual harassment.
           The said rules and regulations issued pursuant to this sub-section (a) shall include,
                among others, guidelines on proper decorum in the workplace and educational or
                training institutions.
   (d) (b) Create a committee on decorum and investigation of cases on sexual
        harassment. The committee shall conduct meetings, as the case may be, with
        officers and employees, teachers, instructors, professors, coaches, trainors and
        students or trainees to increase understanding and prevent incidents of sexual
        harassment. It shall also conduct the investigation of alleged cases constituting
        sexual harassment.

      In the case of work-related environment, the committee shall be composed of at
least one (1) representative each from the management, the union, if any, the employees
from the supervisory rank, and from the rank and file employees.

     In the case of the educational or training institutions, the committee shall be
composed of at least one (1) representative from the administration, the trainors,
teachers, instructors, professors or coaches and students or trainees, as the case may
be.

     The employer or head of office, educational or training institution shall disseminate
or post a copy of this Act for the information of all concerned.

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SECTION 5. Liability of the Employer, Head of Office, Educational or Training
Institution. – The employer or head of office, educational or training institution shall be
solidarily liable for damages arising from the acts of sexual harassment committed in the
employment, education or training environment if the employer or head of office,
educational or training institution is informed of such acts by the offended party and no
immediate action is taken thereon.

SECTION 6. Independent Action for Damages. – Nothing in this Act shall preclude the
victim of work, education or training-related sexual harassment from instituting a
separate and independent action for damages and other affirmative relief.

SECTION 7. Penalties. – Any person who violates the provisions of this Act shall, upon
conviction, be penalized by imprisonment of not less than one (1) month nor more than
six (6) months, or a fine of not less than Ten thousand pesos (P10,000.00) nor more than
Twenty thousand pesos (P20,000.00), or both such fine and imprisonment at the
discretion of the court.

      Any action arising from the violation of the provisions of this Act shall prescribe in three
(3) years.

SECTION 8. Separability Clause. – If any portion or provision of this Act is declared
void or unconstitutional, the remaining portions or provisions hereof shall not be affected
by such declaration.

SECTION 9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other
issuances, or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its
complete publication in at least two (2) national newspapers of general circulation.


Approved,


(Sgd.) EDGARDO J. ANGARA
President of the Senate


(Sgd.) JOSE DE VENECIA, JR.
Speaker of the House of Representatives


This Act which is a consolidation of Senate Bill No. 1632 and House Bill No. 9425 was
finally passed by the Senate and the House of Representatives on February 8, 1995.


(Sgd.) EDGARDO E. TUMANGAN
Secretaty of the Senate



                                                                                                     64
(Sgd.) CAMILO L. SABIO
Secretary General, House of Representatives


Approved: February 14, 1995


(Sgd.) FIDEL V. RAMOS
President
Republic of the Philippines




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