IEC Materials

FAQs: Republic Act No. 11313: Safe Spaces Act (Bawal Bastos Law)

What does the Safe Spaces Act cover?

The law covers all forms of gender-based sexual harassment (GBSH) committed in public spaces, educational or training institutions, workplace, as well as online space.

Gender-based Streets and Public Spaces Sexual Harassment

GBSH in street and public spaces is defined as acts which are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks. 

What do public spaces refer to under this law?

https://drive.google.com/file/d/1t-PwNP1ezapV6z0gx-CDbF8pqlVy26fW/view?usp=drive_link

What are the acts of gender-based sexual harassment (GBSH) in public spaces?

a. Catcalling or unwanted remarks directed towards a person, commonly done in the form of wolf- whistling (paninipol), misogynistic, transphobic, homophobic, and sexist slurs, as well as unwanted invitations;

• Sexist remarks or slurs-statements that are indicative of prejudice, stereotyping, or discrimination on the basis of sex, typically against women 

• Homophobic remarks are indicative of fear, hatred or aversion towards persons who are perceived to be or actually identify as lesbian, gay, bisexual, queer, pansexual and such other persons of diverse sexual orientation, gender identity or expression, or towards any person perceived to or actually have experienced same-sex attraction.

• Misogynistic remarks or slurs- statements that are indicative of the feeling of hating women or the belief that men are inherently better than women

• Transphobic remarks or slurs-statements that are indicative of fear, hatred or aversion towards persons whose gender identity and/or expression do not conform with their sex assigned at birth. 

b. Persistent uninvited comments or gestures on a person’s appearance;

c. Relentless requests for personal details;

d. Statement of sexual comments and suggestions;

e. Public masturbation or flashing of private parts, groping, making offensive body gestures at someone, and other similar lewd sexual actions;

f. Any advances, whether verbal or physical, that is unwanted and has threatened one’s sense of personal space and physical safety. This may include cursing, leering and intrusive gazing, and taunting;

g. Persistent telling of sexual jokes, use of sexual names; and

h. Stalking or conduct directed at a person involving the repeated visual or physical proximity, non-consensual communication, or a combination thereof that cause or will likely cause a person to fear for one’s own safety or the safety of others, or to suffer emotional distress.

What are the penalties for GBSH in public spaces?

https://drive.google.com/file/d/1YCGY3Ru4r-1AtCh3XuovzxWsBDebiS8E/view?usp=drive_link

Penalties vary according to the act of GBSH committed and how often a person was convicted for violating the laws.

Local government units may come up with ordinances that impose heavier penalties for the acts specified in the Safe Spaces Act, subject to the conditions set under the Administrative Code.

Additional penalties if the perpetrator is the driver or operator of a PUV:

• Cancellation of license of the driver by the Land Transportation Office (LTO)

• Suspension or revocation of franchise by the Land Transportation Franchising and Regulatory Board (LTFRB). This sanction may be imposed upon order by the proper court OR upon order of LTO/LTFRB in an administrative proceeding

PUVs include motor vehicles considered as public transport conveyance or common carrier duly registered with the LTO and granted a franchise by the LTFRB including special PUVs such as school services. PUV also includes public water transport utilities and air carrier or operator as registered with and/or regulated by the Maritime Industry Authority, the Civil Aviation Authority of the Philippines, or the Civil Aeronautics Board.

What are the roles of Local Government Units in Implementing anti-GBSH in streets and public spaces?

Under the law and its Implementing Rules and Regulations, LGUs shall have the following duties to address GBSH in public spaces; 

1. pass an ordinance to localize the law within sixty (60) days from its effectivity;  

2. disseminate or post in conspicuous places a copy of the law and the corresponding ordinance; The LGUs may come up with information, education, and communication (IEC) materials which may be in their respective languages; 

3. provide measures to prevent GBSH in educational institutions, such as information campaigns and anti-sexual harassment seminars;

4. discourage GBSH and impose fines on acts of gender-based sexual harassment as defined in the law;

5. establish an anti-sexual harassment hotline where personnel assigned to attend the hotline knowledgeable on GBSH and the forms of assistance made available by the LGU; 

6. coordinate with the DILG in implementing the law.

7. establish a referral system for complainants of GBSH in streets and public spaces. This may form part of an existing referral system for complainants of other forms of gender-based violence;

8. provide training on the law for the Punong Barangay and members of the Lupong Tagapamayapa in cases covered by the Katarungang Pambarangay system, for traffic enforcers under their jurisdiction, and adopt training modules for concerned LGU personnel down to the barangay level;

9. set up Anti-Sexual Harassment (ASH) desks in all barangay, city and municipal halls, preferably staffed by a woman. VAW Desks may also serve as the ASH desks and the same shall be strengthened, following the guidelines to be set by the DILG; and

10. create a mechanism for handling and documentation of complaints including those in cases covered by the 1st & 2nd offenders of “Verbal” GBSH (Implementing Rules and Regulation)

Where can victims of GBSH in street and public spaces seek assistance?

https://drive.google.com/file/d/1VN1OshlslBdnPkPSuVY4b3LIzyZvfy9U/view?usp=drive_link

Gender-Based Online Sexual Harassment

Gender-based Online Sexual Harassment includes acts that use information and communications technology in terrorizing and intimidating victims through:

• threats (physical, psychological, and emotional), unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or through direct and private   messages;

• invasion of the victim’s privacy through cyberstalking and incessant messaging; 

• uploading and sharing without the consent of the victim any form of media that contains photos, voice, or video with sexual content; 

• any unauthorized recording and sharing of any of the victim’s photos, videos or any information online;

• impersonating identities of victims online or posting lies about victims to harm their reputation; or

• filing false abuse reports to online platforms to silence victims.

What is cyberstalking?

Cyberstalking is a form by stalking that is committed through an electronic medium in which online communication takes place. To constitute an offense, the conduct must be manifested through the (repeated) use of electronic communications in stalking.

 “Stalking” an online profile which is publicly accessible in itself does not constitute an offense.

What are the penalties for online gender-based sexual harassment?

The penalty of online GBSH violation is prision correccional in its medium period [imprisonment of six (6) months and one (1) day to two (2) years and four (4) months] or a fine of not less than one hundred thousand pesos (PHP 100,000.00) but not more than five hundred thousand pesos (PHP 500,000.00), or both, at the discretion of the court.

If the perpetrator is a juridical person, its license or franchise shall be automatically deemed revoked, and the persons liable shall be the officers thereof, including the editor or reporter in the case of print media, and the station manager, editor and broadcaster in the case of broadcast media. 

An alien (foreigner) who commits gender-based online sexual harassment shall be subjected to deportation proceedings after serving sentence and payment of fines.

Where can a victim of online gender-based sexual harassment file a complaint?

The victim can file a complaint directly with the National Bureau of Investigation through its Cybercrime Division, the Philippine National Police Anti-Cybercrime Group, or the Office of the Cybercrime of the Department of Justice.

Practical tips in saving digital evidence and online report

• Take note of the Uniform Resource Locator (URL) or the web address of the website or social media account of the perpetrator 

• Make a printout of the content being complained of by opening a browser (Google Chrome, Mozilla Firefox, etc.) on a laptop or desktop, going to the pertinent account/page, and print the said webpage.

• Contact authorities via PNP’s Anti-Cybercrime Group e-complaint desk at https://acg.pnp.gov.ph/eComplaint/ or through their complaint action centers.

Gender-Based Sexual Harassment in Workplaces

Gender-based sexual harassment in the workplace includes the following:

1. an act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;

2. a conduct of sexual nature and other conduct based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;

3. a conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient.

Workplaces include all sites, locations, spaces, where work is being undertaken by an employee within or outside the premises of the usual place of business of the employer.

Is Sexual Harassment between peers or by a subordinate to a superior now covered under this law?

Yes. The first law to penalize sexual harassment, Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877) recognized that sexual harassment occurs in work, education, and training environments. However, it requires the existence of authority, influence or moral ascendancy between the offender and the offended party. It did not specifically address the issue of “hostile environment” resulting from sexual harassment between peers or co-employees, or those committed against a superior. The Safe Spaces Act addresses these gaps by recognizing that sexual harassment can be committed between peers, or by a subordinate to a superior officer.

What can a victim of workplace GBSH do?

The victim can file an administrative complaint with the Committee on Decorum and Investigation and/or file a civil and/or criminal case before the courts.

What are the responsibilities of employers under the Safe Spaces Act?

Under the Safe Spaces Act, employers must:

1. disseminate or post in a conspicuous place a copy of the law to all persons in the workplace;

2. provide measures to prevent GBSH in the workplace, such as the conduct of anti-sexual harassment seminars;

3. create an independent internal mechanism or a committee on decorum and investigation (CODI) to investigate and address complaints of gender-based sexual harassment;

4. develop and disseminate, in consultation with all persons in the workplace, a code of conduct or workplace policy which shall:

5. Expressly reiterate the prohibition on gender-based sexual harassment;

6. Describe the procedures of the internal mechanism;

7. Set administrative penalties.

The Code of Conduct to be developed by the employer may provide for penalties to be imposed on members of the CODI in cases of non-performance or inadequate performance of functions –Sec. 32. Development of Code of Conduct, RA 11313 IRR

The CODI to be established by the employer should:

1. adequately represent the management, the employees from the supervisory rank, the rank-and-file employees, and the union/s or employee’s association if any;

2. designate a woman as its head and not less than half of its members should be women;

3. be composed of members who should be impartial and not connected or related to the alleged perpetrator;

4. investigate and decide on the complaints within ten (10) days or less upon receipt thereof;

5. observe due process;

6. protect the complainant from retaliation without causing her/him any disadvantage, diminution of benefits or displacement without compromising his/her security of tenure; and 

7. guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible;

What are the penalties for the employers?

https://drive.google.com/file/d/1rKA2xTSxeA-gR4im8oDfEnt-DAHBAPjW/view?usp=drive_link

Gender-Based Sexual Harassment in Educational and Training Institutions

What are the duties of heads of educational and training institutions under the Safe Spaces Act?

The same requirements and corresponding penalties imposable upon employers are also applicable to heads of educational and training institutions. So these heads are also required to disseminate the law, develop their own Code of Conduct and establish and/or update the composition of the CODI. Note that these heads have to harmonize the CODI for their employees and for their students.

In addition to such duties, it also requires them to:

1. designate an officer-in-charge to receive complaints regarding violations of the law and forward them to the CODI;

2. impose administrative disciplinary measures for students who commit acts of GBSH against their fellow students or teachers;

3. if a school knows or reasonably should know about acts of gender-based sexual harassment or sexual violence being committed that creates a hostile environment, the school must take immediate action to eliminate the same acts, prevent their recurrence, and address their effects;

4. educate students from the elementary to tertiary level about the provisions of the law and how they can report cases of gender-based streets, public spaces and online sexual harassment committed against them.

School heads and heads of training institutions covered by the Commission on Higher Education (CHED), Department of Education (DepED), and Technical Education and Skills Development Authority (TESDA) shall comply with the standards set by the said agencies.

The CODI to be established by the education and training institution should:

1. be composed of representatives from the school administration, the trainers, instructors, professors or coaches and students or trainees, students and parents, as the case may be;

2. designate a woman as its head and not less than half of its members should be women;

3. be composed of members who should be impartial and not connected or related to the alleged perpetrator;

4. investigate and decide on the complaints within ten (10) days or less upon receipt thereof;

5. observe due process;

6. protect the complainant from retaliation without causing her/him any disadvantage, diminution of benefits, or displacement, and without compromising his/her security of tenure; and

7. guarantee gender-sensitive handling of cases, and confidentiality to the greatest extent possible.

What are the penalties for GBSH in education and training institutions under SSA?

Note: Minor students who are found to commit GBSH shall be held liable for administrative sanctions by the school, as provided in their student handbook.

https://drive.google.com/file/d/1pUzp6f7wS2hZF2cLDuf7oJCScC-BSv2d/view?usp=drive_link

Other Salient Features

Restraining Order

Where appropriate, the court, even before rendering a final decision, may issue an order directing the perpetrator to stay away from the offended person at a distance specified by the court or to stay away from the residence, school, place of employment, or any specified place frequented  by the offended person

Psychological and Counseling Services

A victim of GBSH may avail of appropriate remedies as provided for under the law as well as psychological counseling services with the aid of the LGU and the DSWD (in coordination with the DOH).  Any fees to be charged in the course of a victim’s availment of such remedies or psychological counseling services and other services in consonance with R.A. No. 11036 or the Philippine Mental Health Law shall be borne by the perpetrator.

LGUs and concerned agencies may partner with private entities in the provision of psychological counseling services and other related processes such as the development of a referral system. In all instances, any fees that may be charged or incurred in the course of the counseling shall be borne by the perpetrator.

Exemptions

Acts that are legitimate expressions of indigenous culture and tradition, as well as breastfeeding in public shall not be penalized under the SSA.

Expressions of indigenous culture and tradition include, among others, the wearing of traditional attires of tribes or clans that may show partial nudity. Provided that, such expressions of indigenous culture and tradition do not discriminate against women, girls, and persons of diverse sexual orientation, gender identity, and expression.

Confidentiality

• The RA 11313 requires that at any stage of the investigation, prosecution, and trial of an offense under RA 11313, the rights of victim and the accused who is a minor shall be recognized. 

• The law requires that confidentiality should be observed at all times by employers and heads of schools and training institutions in complaints to GBSH in their institutions.

WHERE TO SEEK HELP?

Public Attorney’s Office
Email: pao_executive@yahoo.com
Telephone numbers:
(02) 8929-9436
(02) 8426-2075
(02) 8426-2801
(02) 8426-2450
(02) 8426-2987
(02) 8426-2683 local 106/107 (Office Hours), local 159 (Outside Office hours)

PNP Women and Children Protection Center
Aleng Pulis Hotline: 0919-7777377
Telephone number: (02) 8723-0401 local 5261

For Online GBSH

Cybercrime Investigation and Coordinating Center (CICC)
Submit a Cyber Complaint

PNP Women and Children Cyber Protection Unit (WCCPU)
Telephone numbers:
(02) 8723-0401 local 5354
0927 084 3792
Email: pnpacg.wccpu@gmail.com

Office of the Cybercrime (OOC)
3rd floor De Las Alas Bldg.
Department of Justice
P. Faura St., Ermita, Manila
Email: cybercrime@doj.gov.ph
Telephone numbers: (02) 8526-2747 and (02) 8521-8345

Under SSA, the following agencies are mandated to conduct routine inspections in relation to GBSH in the workplace:

Department of Labor and Employment
24/7 Hotline: 1349

Civil Service Commission
Telephone numbers:
(02) 8931-8092
8931-7939
8931-7935

FAQs: Republic Act No 9262: Anti-Violence Against Women and Their Children

What is RA9262 or the Anti-Violence Against Women and Their Children Act of 2004?

It is a law the seeks to address the prevalence of violence against women and their children (VAWC) by their intimate partners like their husband or ex-husband, live-in partner or former live-in partner,  boyfriend/girlfriend or ex-boyfriend/ex-girlfriend, dating partner or former dating partner.

What is Violence Against Women and Their Children under RA9262? 

It refers to any act or a series of acts committed by an intimate partner (husband, ex-husband, live-in partner, boyfriend/girlfriend, fiance, who the woman had sexual/dating relationship):

• against a woman who is his wife, former wife;

• against a woman with whom the person has or had a sexual or dating relationship, 

• against a women with whom he has a common child;

• against her child whether legitimate or illegitimate within or without the family abode, of which results 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.

What are the acts of violence which are covered under R.A. 9262?

R.A. 9262 covers several acts of violence, which are:

Physical Violence – acts that include bodily or physical harm (battery)

• • causing/threatening/attempting to cause physical harm to the woman or her child;

  • placing the woman or her child in fear of imminent physical harm

Sexual Violence – the acts which are sexual in nature committed against a woman or her child. It includes, but is not limited to:

• • Rape, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing him or her 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.

  • Causing or attempting to make the woman or her child to perform sexual acts (that do not constitute Rape) by use of force, threats, intimidation directed against the woman, her child, or her immediate family.

  • Prostituting the woman or her child.

Psychological Violence – Acts or omissions causing or likely to cause mental or emotional suffering of the victim which includes, but is not limited to the following:

• • Controlling or restricting the woman’s or her child’s movement or conduct

    • Threatening to or actually depriving the woman or her child of custody or access to her/his family;

    • Depriving or threatening to deprive the woman or her child of a legal right;

  • Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, e.g. repeated verbal and emotional abuse, and denial of financial support or custody or minor children or denial of access to the woman’s child/children

  • Threatening or actually inflicting physical harm on oneself for the purpose of controlling the woman’s actions or decisions;

  • It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children.

  • Causing substantial emotional or psychological distress to the woman or her child:

    • Stalking or following the woman or her child in public or private places; 

    • Peering in the window or lingering outside the residence or the woman or her child; 

    • Entering or remaining in the dwelling or on the property of the woman or her child against her/his will; 

    • Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child; 

    • Engaging in any form of harassment or violence

Economic Abuse – Acts that make or attempt to make a woman financially dependent upon her abuser, which includes, but is not limited to the following:

• • Preventing the woman 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;

  • Controlling the woman’s own money or property; or solely controlling the conjugal or common money/properties;

  • Destroying household property;

Define children as used under R.A. 9262.

“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.

Define dating relationship as used under R.A. 9262.

It is 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.

Define sexual relations as used under R.A. 9262.

It refers to a single sexual act which may or may not result in the bearing of a common child.

Define “Battered Woman Syndrome” as used under R.A. 9262

It refers to a scientifically defined pattern of psychological and behavioral symptoms found in battered women as a result of a long history of abuse.

RA 9262 acknowledges that women who have retaliated against their partner or who commit violence as a form of self-defense may have suffered from Battered Woman Syndrome (BWS). Any victim who suffers from BWS should be diagnosed by a Psychiatric expert or a clinical psychologist. This will also help the victim in obtaining a just decision in her case. The law does not allow the offender to have custody of minor children. Their care is entrusted to the woman even if she is found to have BWS.

Who are the persons protected by R.A. 9262?

The law recognizes the unequal relations between a man and a woman in an abusive relationship where the woman is usually at a disadvantage.

The following are the persons who are protected by R.A. 9262: 

• Wife 

• Former Wife 

• A woman with whom the offender has or had sexual relations with 

• A woman with whom the offender has a common child with 

• The legitimate or illegitimate child of the woman within or without the family abode

Is VAWC committed by men alone?

Women can also be liable under the law. These are the lesbian partners/girlfriends or former partners of the victim with whom she has or had a sexual or dating relationship. 

What if the male spouse/partner complains about abuses committed by his wife/partner? 

He may file a complaint or case under the Revised Penal Code.

What can women and children do under R.A. 9262? 

Under the law, the offended party may file a criminal action, or apply for a Protection Order either as an independent action or as an incident in civil or criminal action and other remedies.

Who may file a complaint under R.A. 9262?

Any citizen having personal knowledge of the circumstances involving the commission of the crime may file a complaint because violence against women and their children is considered a PUBLIC crime. 

Where should cases for VAWC be filed?

Cases may be filed in the Regional Trial Court designated as FAMILY COURT of the place where the crime was committed. These courts have original and exclusive jurisdiction over these cases.

What are the penalties for committing VAWC? 

Offenders proven in court to be guilty of the crime shall be penalized with: imprisonment ranging from 1 month and 1 day to 20 years payment of P100,000 to P300,000 in damages mandatory psychological counseling or psychiatric treatment.

What is the prescriptive period for a complainant to file a complaint?

The criminal complaint may be filed within twenty (20) years from the occurrence or commission for the following acts:

• Causing physical harm to the woman or her child

• Threatening to cause the woman or her child physical harm

• Attempting to cause the woman or her child physical harm

• Placing the woman or her child in fear of imminent physical harm

• 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 to 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 her 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 or access 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 money or properties, or solely controlling the conjugal or common money, or properties

• Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions

• The criminal complaint may be filed within ten (10) years from the occurrence or commission for the following acts:

  1. 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

  2. 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:

     • Stalking or following the woman or her child in public or private places

     • Peering in the window or lingering outside the residence of the woman or her child

     • Entering or remaining in the dwelling or on the property of the woman or her child against her/his will

     • Destroying the property and personal belongings or inflicting harm to animals or pets of the woman or her child

     • Engaging in any form of harassment or violence

  3. 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 or denial of access to the woman’s child/children.

What is a protection order?

A protection order is an order issued under this act for the purpose of preventing further acts of violence against women or her child. And granting other relief as may be needed. 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 of her life. The provisions of the protection order shall be enforced by law enforcement agencies.

What are the various kinds of protection orders?

The various kinds of protection orders are:

• Barangay Protection Orders (BPO) 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 R.A. 9262. BPO shall be effective for 15 days.

• Temporary Protection Orders (TPO) refers to the protection order issued by the court on the date of the filing of the application after ex parte determination that such order should be issued. The court may grant in a TPO any, some or all of the reliefs mentioned in R.A. 9262 and shall be effective for thirty (30) days. 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.

• Permanent Protection Order (PPO) refers to the protection order issued by the court after notice and hearing. 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. PPO shall be effective until revoked by the court upon application of the person in whose favor it was issued.

Where can I apply for a protection order?

Application for a protection may be filed with the appropriate Regional Trial Court/Family Court or Municipal Court where the petitioner resides in case of Temporary Protection Order (TPO) and Permanent Protection Order (PPO), respectively. Barangay Protection Order may be applied for in the Barangay where the applicant resides or in accordance with Section 409 of the Local Government Code of 1991.

Who may file a Petition for Protection Orders?

A petition for Protection Order may be filed by the following:

• The offended party

• The parents or guardians of the offended party

• The ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity2

• Officers or social workers of the DSWD or social workers of local government units (LGUs)

• Police officers, preferably those in charge of women and children’s desks

• Punong Barangay or Barangay Kagawad

• Lawyer, counselor, therapist or healthcare provider of the petitioner

• 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
  
  

How can I apply for a protection order?

The application of the Protection Order must be in writing, signed and verified under oath by the applicant. A standard protection order application form, written in English with translation to the major languages, which is readily available, shall contain the following information:

• Names and addresses of the petitioner and the respondent

• Description of relationships between the petitioner and respondent

• Statement of the circumstances of abuse

• Description of the reliefs requested by the petitioner

• Request for counsel and reasons for such

• Request for waiver of application fees until hearing

• An attestation that there is no pending application for a protection order in another court

What can the woman do if the barangay official failed or refused to issue the BPO within 24 hours from application?

• She can file an administrative complaint against the barangay official for failure to perform his/her duties. The complaint must be filed with the Sangguniang Panglunsod or Bayan.

• She can go to the police station to complain against the perpetrator.

• She can go to the Clerk of Court of the Family Court where she lives and request assistance in filing for a Protection Order.

Where can the protection order be enforced?

The Temporary Protection Order and the Permanent Protection Order are enforceable anywhere in the Philippines.

Can the barangay officials mediate or conciliate?

No. Conciliation and mediation of acts of violence against women and their children are not allowed under this law Sec. 33, R.A. 9262 amended sections 410-413 of the Local Government Code. The barangay officials, police or social workers should not attempt to mediate or influence the woman to give up her legal action or application for a BPO, TPO or PPO.

My husband had been cheating on me for over three years now with various women. Is there a way I can apply VAW in filing a case against him?

The acts of your husband cheating on you have caused you mental and emotional suffering. Such acts may be a ground for the filing of a VAW case for “psychological violence”.

My boyfriend has been hurting me every time we fight and even threatens to kill me. Can I file a case against him for VAW?

Yes. Physical violence against the woman as well as threatening to inflict physical harm on a woman for the purpose of controlling her actions or decisions is deemed as an act of violence against women.

My ex-husband has stopped giving me and our daughter support since 2009. Can I file a case against him for VAW?

Yes, you may file a case for VAW against him as his act of withdrawing financial support. His act of refusing to give financial support to you or your daughter constitutes “Economic Abuse.”

I have been in an abusive relationship for quite some time. Can I file a case against him considering his abuse was irregular? 

Yes, you can file a case against him. A woman who had a sexual or dating relationship with her assailant and whom the assailant has a common child may file a case against the latter for physical violence.

I am a lesbian and I have been in an abusive relationship with another woman since 2009. Can I file a case against her, even though she is a woman?

Acts of violence covered by VAW may be committed by any person with whom the victim has an intimate relationship with like the woman’s husband, ex-husband, live-in partner, ex-live-in partner, boyfriend, ex-boyfriend, girlfriend, ex-girlfriend, etc., Thus the offense may be committed by a man or a woman with whom the victim has or had a sexual relationship with.

I am a husband who has been mentally, verbally and emotionally abused by my wife. Can I file a case against my wife using VAW? 

No. VAWC has been primarily meant for the protection of women and children. It cannot be used by men to charge their wives or partners. You may file a complaint or case under the Revised Penal Code. 

I have 3 minor children with my husband. I wish to file a case against him. What would be the impact upon my children, esp. if he asks for custody? 

As a victim of violence, you are entitled to the custody of your three children. The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old or older 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. (Section 28 of the R.A. 9262).

I’ve been running in fear from my husband for 3 months because he threatened to kill me. What can I do? 

If you have been threatened, you may apply for a Barangay Protection Order (BPO) from the barangay of your place of residence. The application must be in writing, signed and verified and it will be effective for fifteen days.

As a Battered Woman, is there a chance I might lose custody of my children? 

No, suffering from Battered Woman Syndrome will not automatically disqualify you from having custody of your children unless the court has some other compelling reasons not to award custody of the children to you.

If custody of my children is not awarded to me, is there any chance that they might be given to my husband? 

No. VAWC explicitly states that in no case shall the custody of the children will be given to the perpetrator of the battered woman syndrome 

What is the liability of a news reporter covering a pending court case for violation of the Anti-VAWC Act if he or she includes in the TV report the name and face of the woman, and other information without her consent? 

The reporter can be liable for contempt of court. All records pertaining to cases of VAWC are confidential. The court may also impose a penalty of one (1) year imprisonment and a fine not more than Five Hundred Thousand Pesos (P500,000.00).

Where to seek help?

Barangay VAW Desk in your Barangay Hall

Provincial/City/Municipal Social Welfare and Development Office of Local Government Units 

Department of Social Welfare and Development (DSWD) Community-Based Services Section (CBSS) Legarda, Manila
Tel. Nos.: 733-0014 to 18 local 116 / 488-2861

Philippine National Police (PNP) Women and Children Protection Center
Camp Crame, Quezon City
Tel. No.: 410-3213 / 532-6690
Aleng Pulis Text Hot-line: 0919-777-7377
Emergency Hotline: 911

Women and Children Protection Desk of nearest Precinct

National Bureau of Investigation (NBI) Anti-Violence Against Women and Children Division (VAWCD)
V-Tech Tower, G. Araneta Avenue, Quezon City
Main Office: (02) 8523-8231 to 38 / (02) 8525-6028

PNP Women and Children Protection Center (WCPC)
Main Office: (02) 8532-6690 / 7410-3213 / 7723-0401 local 5260, 5360, 5361
Visayas: 0917-7085157 / (032) 410-8483
Mindanao: 0917-1806037
Aleng Pulis: 0919-7777377 / 09667255961

DOJ – Public Attorney’s Office (DOJ-PAO)
(02) 8929-9436 local 106, 107 or 159 (Local “0” for operator)
DOJ Action Center: (02) 8521-2930 / 8523-8481 loc. 403

UP-PGH Women’s Desk
Tel. nos.: (02) 8353-0667 / 8542-1512 / 8554-8400 local 2536

DOH Hospitals, Women and Children Protection Unit

Women’s Crisis Center (WCC) Women and Children Crisis Care and Protection Unit
Vito Cruz, Manila
Tel. no.: (02) 8514-4104
Mobile: 0920-9677852 / 0917-8250320

FAQs: Republic Act 8353: An Act Expanding the Definition of the Crime of Rape and Reclassifying the same as Crime Against Persons 

The Anti-Rape Law of 1997 redefines rape as:

• A crime against persons

Rape violates a person’s well being and not just ones virginity or purity.

The law considers that any person, whether a prostituted person, non-virgin or one who has an active sexual life may be victimized by rape

• A public offense

By declaring that rape is a crime against persons, the law no longer considers it as a private crime.

Anyone who has knowledge of the crime may file a case on the victim’s behalf.

The prosecution continues even if the victim drops the case or pardons the offender.

What constitutes rape?

Rape is committed:

By a man who shall have sexual intercourse with a woman under any of the following circumstances:

• Through force, threat, or intimidation

• When the victim is deprived of reason or is unconscious

• Through fraudulent machination or grave abuse of authority; and

• When the victim is under twelve (12) years of age or is demented, even if none of the above circumstances are present.

By any person who, under any of the above circumstances, commits 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 oral orifice of another person.

Who can be raped?

Anyone can be a rape victim, but the incidence of rape is more rampant
in women and girls.

Who can commit rape?

Any man or woman may be held liable for rape.

It is possible that a man may rape his own wife, an act deemed as “marital rape.” The penalty for rape in general may apply on the offender who commits marital rape.

How is the crime punished?

The penalty varies depending on the act itself and the circumstances surrounding it.

• Reclusion Perpetua (Imprisonment from 20 to 40 years) is imposed on the offender if rape is committed through sexual intercourse.

• Prision Mayor (Imprisonment from 6 to 12 years) is imposed on the offender if rape was committed through oral or anal sex or through the use of any object or instrument that was inserted into the mouth or anal orifice of the woman or a man.

This may also be elevated to Reclusion Temporal (Imprisonment from 12 to 20 years) or Reclusion Perpetua depending on the circumstances surrounding the crime.

What to do if someone is raped?

1. Advise the victim to seek the help of a counselor or a therapist who is an expert in handling cases of sexual abuse.

2. Assist her in securing a safe and temporary shelter if she needs to move to another place for security reasons. She can be referred to a crisis center or any government agency that offers temporary shelter.

3. Make sure that the evidence is safe and intact. This would help should the victim decides to file a case.

4. Secure a Medico-legal certificate from a Medico-legal officer. Absence of bodily injuries does not mean that rape did not occur or that the case may not be pursued anymore.

5. Support the victim along the way when she decides to file a case.

6. Ensure that she is prepared in all aspects. Make her understand the overall picture of the case. Inform her that it is possible that doctors, police, lawyers and judges would not be sensitive to her situation and experience.

7. Help the victim choose the lawyer who understands her most.

8. Coordinate with people who can assist or support her all throughout.

9. 
   

WHERE TO GET HELP?

Philippine National Police (PNP)

Women and Children Protection Center (WCPC) 

Camp Crame, Quezon City

Tel. No.: 410-3213 / 532-6690 / 723-0401 loc. 5260, 5360, 5361

Aleng Pulis Text Hotline: 0919-7777377

Women and Children Protection Desk of nearest Police Precinct

National Bureau of Investigation (NBI)

Anti-Violence Against Women and their Children Desk (VAWCD)

Taft Avenue, Manila

Tel. Nos.: 523-8231 to 38 / 525-6028

DOJ - Public Attorney’s Office (DOJ-PAO)

Tel. Nos.: 929-9010 / 526-2747 / 929-9436 to 37 loc. 106 / 107

UP-PGH Women’s Desk

Tel. Nos.: 524-2990 / 554-8400 loc. 2536

DOH Hospital’s Women and Children Protection Unit

Tel. No. 651-7800 locs. 1726 to 1730

Department of Social Welfare and Development (DSWD)

Community-Based Services Section (CBSS) Legarda, Manila

Tel. Nos.: 733-0010 to 18 local 116 / 488-2861

Women’s Crisis Center (WCC) Women and Children Crisis Care and Protection Unit Vito Cruz, Manila

Contact Nos.: 514-4104/ 0917-8250320 / 0999-5779631 / 0928-4200859

FAQs: Republic Act No. 9710: Magna Carta of Women

What is Magna Carta of Women (Republic Act No. 9710)?

The Magna Carta of Women (MCW) is a comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfillment, and promotion of the rights of Filipino women, especially those belonging to the marginalized sectors of society.

 It is the local translation of the provisions of the Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW), particularly in defining gender discrimination, state obligations, substantive equality, and temporary special measures. It also recognizes human rights guaranteed by the International Covenant on Economic, Social, and Cultural Rights (ICESCR).

Why is this law entitled the Magna Carta of Women and not Magna Carta for Women?

In the process of national consultation during the 13th Congress, it was decided to rename the bill to Magna Carta of Women to highlight women’s participation and ownership of the bill.

What is discrimination against women? 

The Magna Carta of Women defines discrimination against women as: 

• any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field; 

• any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges; 

• a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and 

• discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion.

What are the rights of women guaranteed under the Magna Carta of Women? 

All rights in the Philippine Constitution and those rights recognized under international instruments duly signed and ratified by the Philippines, in consonance with Philippine laws shall be rights of women under the Magna Carta of Women. These rights shall be enjoyed without discrimination since the law prohibits discrimination against women, whether done by public and private entities or individuals.

The Magna Carta of Women also spells out every woman’s right to: 

• Protection from all forms of violence, including those committed by the State. This includes the incremental increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses. It also ensures mandatory training on human rights and gender sensitivity to all government personnel involved in the protection and defense of women against gender-based violence, and mandates local government units to establish a Violence Against Women Desk in every barangay to address violence against women cases; 

• Protection and security in times of disaster, calamities and other crisis situations, especially in all phases of relief, recovery, rehabilitation and construction efforts, including protection from sexual exploitation and other sexual and gender-based violence. 

• Participation and representation, including undertaking temporary special measures and affirmative actions to accelerate and ensure women’s equitable participation and representation in the third level civil service, development councils and planning bodies, as well as political parties and international bodies, including the private sector. 

• Equal treatment before the law, including the State’s review and when necessary amendment or repeal of existing laws that are discriminatory to women; 

• Equal access and elimination of discrimination against women in education, scholarships and training. This includes revising educational materials and curricula to remove gender stereotypes and images, and outlawing the expulsion, non-readmission, prohibiting enrollment and other related discrimination against women students and faculty due to pregnancy outside of marriage; 

• Equal participation in sports. This includes measures to ensure that gender-based discrimination in competitive and non-competitive sports is removed so that women and girls can benefit from sports development; 

• Non-discrimination in employment in the field of military, police and other similar services. This includes the same promotional privileges and opportunities as their men counterpart, including pay increases, additional benefits, and awards, based on competency and quality of performance. The dignity of women in the military, police and other similar services shall always be respected, they shall be accorded with the same capacity as men to act in and enter into contracts, including marriage, as well as be entitled to leave benefits for women such as maternity leave, as provided for in existing laws; 

• Non-discriminatory and non-derogatory portrayal of women in media and film to raise the consciousness of the general public in recognizing the dignity of women and the role and contribution of women in family, community, and the society through the strategic use of mass media; 

• Comprehensive health services and health information and education covering all stages of a woman’s life cycle, and which addresses the major causes of women’s mortality and morbidity, including access to among others, maternal care, responsible, ethical, legal, safe and effective methods of family planning, and encouraging healthy lifestyle activities to prevent diseases; 

• Leave benefits of two (2) months with full pay based on gross monthly compensation, for women employees who undergo surgery caused by gynecological disorders, provided that they have rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months; 

• Equal rights in all matters relating to marriage and family relations. The State shall ensure the same rights of women and men to: enter into and leave marriages, freely choose a spouse, decide on the number and spacing of their children, enjoy personal rights including the choice of a profession, own, acquire, and administer their property, and acquire, change, or retain their nationality. It also states that the betrothal and marriage of a child shall have no legal effect.

The Magna Carta of Women also guarantees the civil, political and economic rights of women in the marginalized sectors, particularly their right to:

• Food security and resources for food production, including equal rights in the titling of the land and issuance of stewardship contracts and patents; 

• Localized, accessible, secure and affordable housing; 

• Employment, livelihood, credit, capital and technology; 

• Skills training, scholarships, especially in research and development aimed towards women friendly farm technology; 

• Representation and participation in policy-making or decisionmaking bodies in the regional, national, and international levels; 

• Access to information regarding policies on women, including programs, projects and funding outlays that affect them; • Social protection; 

• Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women; 

• Inclusion in discussions on peace and development; 

• Services and interventions for women in especially difficult circumstances or WEDC;

• Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and 

• Protection of women senior citizens. 

The Magna Carta of Women defines the marginalized sectors as those who belong to the basic, disadvantaged, or vulnerable groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing security, physical infrastructure and the justice system. These include, but are not limited to women in the following sectors or groups: Small farmers and rural workers, Fisherfolk, Urban poor, Workers in the formal economy, Workers in the informal economy, Migrant workers, Indigenous Peoples, Moro, Children, Senior citizens, Persons with disabilities, and Solo parents.

How can Filipino women living abroad benefit from this law? 

Statistics show that more and more Filipino women are migrating for overseas employment. In many places, women migrant workers have limited legal protections or access to information about their rights, rendering them vulnerable to gender-specific discrimination, exploitation and abuse. 

Section 37 of the Magna Carta of Women mandates the designation of a gender focal point in the consular section of Philippine embassies or consulates. The said officer who shall be trained on Gender and Development shall be primarily responsible in handling gender concerns of women migrant workers, especially those in distress. Other agencies (e.g. the Department of Labor and Employment and the Department of Social Welfare and Development) are also mandated to cooperate in strengthening the Philippine foreign posts’ programs for the delivery of services to women migrant workers, consistent with the one-country team approach in Foreign Service. 

Who will be responsible for implementing the Magna Carta of Women? 

The State, the private sector, society in general, and all individuals shall contribute to the recognition, respect and promotion of the rights of women defined and guaranteed in the Magna Carta of Women. The Philippine Government shall be the primary duty-bearer in implementing the said law. This means that all government offices, including local government units and government-owned and controlled corporations shall be responsible to implement the provisions of Magna Carta of Women that falls within their mandate, particularly those that guarantee rights of women that require specific action from the State. 

As the primary duty-bearer, the Government is tasked to: 

• refrain from discriminating against women and violating their rights; 

• protect women against discrimination and from violation of their rights by private corporations, entities, and individuals; 

• promote and fulfill the rights of women in all spheres, including their rights to substantive equality and non-discrimination. 

The Government shall fulfill these duties through the development and implementation of laws, policies, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures. It shall also establish mechanisms to promote the coherent and integrated implementation of the Magna Carta of Women and other related laws and policies to effectively stop discrimination against Filipino women.

What are the specific responsibilities of government under the Magna Carta of Women? 

The Magna Carta of Women mandates all government offices, including government-owned and controlled corporations and local government units to adopt gender mainstreaming as a strategy for implementing the law and attaining its objectives. It also mandates (a) planning, budgeting, monitoring and evaluation for gender and development, (b) the creation and/or strengthening of gender and development focal points, and (c) the generation and maintenance of gender statistics and sex-disaggregated databases to aid in planning, programming and policy formulation. 

Under this law, the National Commission on the Role of Filipino Women which will be renamed as the Philippine Commission on Women (PCW) shall be the overall monitoring and oversight body to ensure the implementation of the law. As an agency under the Office of the President of the Philippines, it will be the primary policy-making and coordinating body for women and gender equality concerns and shall lead in ensuring that government agencies are capacitated on the effective implementation of the Magna Carta of Women. 

Consistent with its mandate, the Commission on Human Rights shall act as the Gender and Development Ombud to ensure the promotion and protection of women’s human rights. 

The Commission on Audit shall conduct an annual audit on the government offices’ use of their gender and development budgets for the purpose of determining its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues. 

Local government units are also encouraged to develop and pass a gender and development code to address the issues and concerns of women in their respective localities based on consultation with their women constituents. 

What are the penalties of violators? 

If the violation is committed by a government agency or any government office, including government-owned and controlled corporations and local government units, the person directly responsible for the violation, as well as the head of the agency or local chief executive shall be held liable under the Magna Carta of Women. The sanctions under administrative law, civil service or other appropriate laws shall be recommended by the Commission on Human Rights to the Civil Service Commission and the Department of the Interior and Local Government. 

Further, in cases where violence has been proven to be perpetrated by agents of the State, such shall be considered aggravating offenses with corresponding penalties depending on the severity of the offenses. 

If the violation is committed by a private entity or individual, the person directly responsible for the violation shall be liable to pay damages. Further, the offended party can also pursue other remedies available under the law and can invoke any of the other provisions of existing laws, especially those that protect the rights of women. 

How will the implementation of the Magna Carta of Women be funded? 

The Magna Carta of Women provides that the State agencies should utilize their gender and development budgets for programs and activities to implement its provisions. Funds necessary for the implementation of the Magna Carta of Women shall be charged against the current appropriations of the concerned agencies, and shall be included in their annual budgets for the succeeding years. The Magna Carta of Women also mandates the State to prioritize allocation of all available resources to effectively fulfill its obligations under the said law. 

FAQs: Republic Act No. 11596: An act Prohibiting Practice of Child Marriage

Republic Act 11596 An Act Prohibiting the Practice of Child Marriage

This law prohibits the practice of child marriage in the Philippines, which is defined as a marriage entered into where one or both parties are children and solemnized in civil or church proceedings, or in any recognized traditional, cultural, or customary manner. Under this law, child marriage shall also include an informal union or cohabitation outside of wedlock (live-in) between an adult and a child, or between children.

Why is this law needed?

To ensure that child marriages, as well as cohabitations outside of wedlock between children and/or between children and adults, their facilitations and/or solemnizations be eradicated and the violators be penalized.

What are the effects of early marriage to children?

▪ Child marriage ends childhood.

▪ It negatively influences children’s right to education, health and protection.

▪ A girl who is married as a child is more likely to be out of school and not

earn money and contribute to the community.

▪ She is more likely to experience domestic violence and become infected

with HIV/AIDS.

▪ She is more likely to have children when she is still a child.

▪ There are more chances of her dying due to complications during

pregnancy and childbirth.

Who is a child?

Any person under eighteen (18) years old or over but who is unable to fully take care and protect oneself because of physical or mental disability or condition.

What is the legal effect of child marriage?

Child marriage is not valid from the start and the child does not have the same rights and responsibilities as a married couple. A petition for the court to declare the absolute nullity of marriage may be filed at any time. Once the marriage is terminated, Articles 50 to 54 of the Family Code of the Philippines shall govern matters of support, property relations, and custody of children.

What are the unlawful acts and penalties under this law?

 The unlawful and prohibited acts and corresponding penalties mentioned below under R.A. 11596. These acts are considered public crimes, which means that anyone who has personal knowledge of the crime can file a complaint against someone who violates the law.

a) Facilitation of Child Marriage 

• causing, fixing, facilitating, or arranging the child marriage of contacting parties that leads to their marriage and cohabitation 

If committed by any person:

• prison mayor in its medium period ( from 8 years and 1 day to 10 years ) and a fine of not less than Forty thousand pesos (P40,000.00)

If committed by parent, ascendant, adoptive parent, step-parent, or guardian:

• prision mayor in its maximum period, (from 10 years and 1 day to 12 years)  a fine of not less than Fifty thousand pesos (P50,000.00); and perpetual loss of parental authority

If committed by a public officer, in addition to the applicable penalties as stated above: 

• dismissal from service; and

• possible perpetual disqualification from holding office, at the discretion of the courts 

• (b) Solemnization of Child Marriage

performing or officiating a ceremony, in accordance with the prescribed forms or religious rites, which leads to  child marriage and/or cohabitation of contracting parties, within the purview of the Act

If committed by any person:

-prision mayor in its maximum period (from 10 years and 1 day to 12 years); and 

-a fine of not less than Fifty thousand pesos (PHP 50,000.00)

If committed by a public officer, in addition to the applicable penalties as stated above:  

• dismissal from service; and

• possible perpetual disqualification from holding office, at the discretion of the courts 

Imam as solemnizing officer for Muslim marriage and Tribal Leaders as solemnizing officers for Indigenous Peoples (IP) marriage may also be liable if found guilty of officiating a child marriage.

(c) Cohabitation of an Adult with a Child Outside Wedlock. 

The act of living together in an informal union between an adult and a child outside wedlock 

If committed by any person:

• prision mayor in its maximum period( from 10 years and 1 day to 12 years ); and 

• a fine of not less than Fifty Thousand Pesos (PHP 50,000) 

If committed by a public officer: 

• dissmissal from serviices; and 

• possible perpetual disqualification from holding office, at the discretion of the courts 

 DID YOU KNOW? 

drive.google.com/open?id=1qxKguS_J1IdScBmby8O8xEHwb6XKgiDt&usp=drive_copy 

Can an older child who marries another child (both of them still minor) be held liable under

this law?

No. Only adults who commit any of the prohibited and unlawful acts identified in the law are considered as perpetrators. Children are treated as victim-survivors whether they become a child bride or bridegroom.

Are Filipino Muslims who are children or minors still allowed to get married?

No. This law explicitly states that decrees (e.g. Article 16 of Presidential Decree or the Code

of Muslim Personal Laws) that are inconsistent with

it are repealed or modified.

Are tribal or indigenous peoples exempt from the application of this law?

No. Section 2 of RA 11596 states that in the pursuit of this policy, the State shall abolish all traditional and cultural practices and structures that perpetuate discrimination, abuse, and exploitation of children such as the practice of child marriage.

Can a tribal datu or leader or village elder who officiates a child marriage be penalized under this law?

Yes. The law states that any person who performs or officiates a child marriage which includes tribal datu/leader of village elder shall be held liable under the law. This also supports the provision of the law that abolishes all traditional and cultural practices that are detrimental to the rights, dignity, and welfare of children.

Can a mother or father who arranges the marriages of her minor son/daughter to an adult woman or man in accordance with tribal, and cultural traditions be penalized?

Yes. Parents who arrange the marriages of their minor son or daughter in accordance with tribal,

and cultural traditions at the time of the passage of the law and beyond the transitory period shall be held liable under the law.

Can the Punong Barangay file a case for violation of this law if the parents of the child refuse to file?

Yes. Section 5 of RA11596 designates Child Marriage or any unlawful and prohibited acts under this law are considered public crimes. Therefore, filing a case for violation of this law can be initiated by any person with personal knowledge, including the Punong Barangay.

Can the aunt or uncle of a minor who was married, file a case against the mother or father who fixed or arranged the said marriage?

Yes. Since child marriage is a public crime, the law provides that any person who has personal knowledge of the child marriage may file a case against the perpetrator which may include the parents of the child who fixed the said marriage.

Can a social worker “rescue” a minor child from a consummated child marriage?

Yes. Based on the report received by Department of Social Welfare and Development (DSWD) wherein a rescue operation is necessary, the social worker together with the police shall immediately meet to plan the rescue and determine the action plan necessary to protect the child.

What happens to child marriages that took place before RA 11596?

Child Marriages that took place before RA 11596 will not be covered by this law. However, this will not stop the offended parties from filing for any legal action in accordance with existing laws prior to the passage of RA 11596 in 2021. The law also provides for a transitory period of one year, wherein the National Commission on Muslim Filipinos (NCMF) and National Commission on Indigenous Peoples (NCIP) shall extensively undertake measures and programs in their respective jurisdictions to assure compliance with this Act. (The transitory period runs from January 2022 to January 2023 immediately following the effective date of the law.)

Can a child conceived and born out of “child marriage carry the surname of the father?

Yes. Applying RA 9255 which provides that under Article 176 of the Family Code, illegitimate children shall use the surname of the father and shall be under the parental authority of their mother, and the support of both parents.

What are the programs and services that the government will set up to address the issue of child marriage?

1. Department of Social Welfare and Development (DSWD)

a) Development of an effective and efficient reporting and monitoring of cases of child marriage;

b) Utilization of an electronic case management system for reportorial and monitoring of cases of child marriage;

c) Provision of psychosocial, financial, capacity-building, and livelihood support services to victim survivors of child marriage;

d) Conduct awareness campaigns, capacity-building activities, and technical assistance for vital stakeholders;

e) Utilization of social media and provision of IEC materials for information dissemination; and

f) Provision of other services necessary.

2. Commission on Human Rights (CHR)

a) Conduct of promotion and advocacy activities including the production of IEC materials on the Act and the adverse effects of child marriage on children;

b) Ensure the participation of children in the development of programs and activities in relation to the Act and monitor government agencies’ compliance with the Act’s requirements on child participation;

c) Provide guidelines and mechanisms that will facilitate access to legal remedies for children who may be involved in child marriages; and

d) Assists in the filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of the Act.

How can we support the effort to end child marriage?

▪ Help create an enabling community (social environment) which discourages the practice of child marriage;

▪ Prevent further victimization of the child by providing proper care and gender-sensitive support to child-survivor;

▪ We empower children through the provision of information, skills, and a support network;

▪ Educate girls by enhancing children’s access to and completion of quality education; and

▪ Influence and empower parents and community leaders to discourage and eradicate the practice of child marriage.

As duty bearers

▪ Guarantee the implementation of programs and services that will aid children

and their families, and provide strategic interventions to empower the parents

and community leaders to eradicate the practice of child marriage;

▪ Encourage non-governmental organizations (NGOs) and civil society

organizations (CSOs) to implement programs and services for the protection

of the rights of children and their families involved in child marriage;

▪ Adopt a “whole of society approach” in providing programs and services

for the victim-survivors of child marriage, including their offspring;

▪ Monitor the implementation of the Act;

▪ Guarantee the participation of children and youth, NGOs, and CSOs in

the implementing agencies’ decision-making process;

▪ Strengthen the bridging roles of all duty bearers, particularly in the

vulnerable sectors; and

▪ Strengthen the monitoring roles of all relevant government agencies in

cases of child marriage and other related unlawful practices that violate the

rights of children.

3. Department of Health (DOH)

a) Ensure access to mental, emotional, and physical health services to victim-survivors of child marriage and appropriate health services for their offspring. To this end, the DOH shall:

i. Provide non-discrimination, comprehensive, and appropriate sexual and reproductive health care, information, services, and contraceptives for victim-survivors of child marriage;

ii. Disseminate information to children, parents, legal guardians, house hold members, community, and school personnel about adolescent health and development and the mental health aspects of reproductive health, including the available health services;

iii. Coordinate with the local government units, partner organizations, and other concerned stakeholders to enhance the competencies of non-specialists and primary care providers in the community, particularly in providing Psychological First Aid and basic psychosocial services to the victim-survivors of child marriage;

iv. Integrate and update existing health training modules on topics relating to the risks and effects of child marriage, gender-based violence, violence against women and children, and sexual and reproductive health rights; and

v. Accelerate sexual health and reproductive rights education and services, especially in areas where there is demonstrable evidence of increased and disproportionate risks of child marriage due to but not limited to:

1) Natural hazards and human-induced disasters, such as armed conflict;

2) Persistent poverty; and

3) High incidence of child marriage, gender-based violence, and violence

against women and children

b) Conduct health promotion and advocacy activities using school and community platforms to raise awareness of the general public particularly the parents and children on the effects of child marriage on the health and welfare of children, families, and communities and the quality of future generations in general.

4. Council for the Welfare of Children (CWC)

a) Work closely and support programs and policies of the DSWD including the crafting of the Social and Behavioral Change Communication (SBCC) plan

b) Incorporate in its list of programs, activities, or projects ways to assist in the prevention or the eventual elimination of the practice of engaging in child marriages such as the creation of programs

and/or activities during National Children’s Month and Girl-Child Week Celebration

c) Distribution and production of updated IEC materials to partner national government agencies etc.

5. Department of Education (DepEd)

Integrate into its curriculum complete, accurate, and relevant age and development-appropriate information on child marriage, respectful of culture and religious convictions, and all subjects on key areas, such as:

i. Rights of the child;

ii. Child health and nutrition;

iii. Child and adolescent development;

iv. Gender and development;

v. Age-appropriate sexuality education;

vi. Child marriage and family; and

vii. Recognition and elimination of gender-based violence

b) Institute regular monitoring and reporting on the integration of child marriage in the formal, non formal, community-based education and Indigenous learning systems; and

c) Conduct capacity building for both teaching and non-teaching personnel on the issue of child marriage in reference to DepEd’s Child Protection Policy.

6. Department of the Interior and Local Government (DILG)

a) Issue memorandum circulars/advisories to City, Municipal, and Provincial Local Government Units enjoining the implementation of the following actions through their respective Social Welfare and Development Officers:

i. Devise information education campaigns (IECs) to spread awareness against child marriage;

ii. Create a pr protocol for victim-survivors of child marriage and those who will report cases of child marriage, based on the standard guidance and protocols of the DSWD;

iii. Facilitate the conduct of regular parenting/counseling sessions relative to the matter of child marriages;

iv. Coordinate with Barangay and Local Councils for the Protection of Children and Violence Against Women and Children Desks in handling reports or cases of child marriage;

v. Take reference to the reporting and referral mechanism that will be developed by the DSWD; and

vi. Maintain a database for cases of child marriage

b) Institute a systematic information and prevention campaign against child marriage through barangay-level education programs and initiatives that are culturally sensitive and child-centered; and

c) Mandate local government units (LGUs) to provide basic interventions for the rescue, recovery, rehabilitation and support of victim-survivors of child marriage and their offspring; and establish a system of reporting cases of child marriage.

7. Department of Justice (DOJ)

a) Ensure that the penal provision of the law is carried out and provide access to justice and legal services to victim-survivors through the Public Attorney’s Office (PAO) or the Integrated Bar of the Philippines (IBP), as well as the non-government organizations and volunteer legal groups;

b) Establish a mechanism for free legal assistance for victim-survivors of child marriage;

c) Conduct training and continuing education program on the investigation and prosecution of child marriage; and

d) Review and recommend policies and measures to enhance the protection of victim-survivors of child marriage.

8. National Commission on Muslim Filipinos (NCMF)

a) Shall include in their program of actions awareness-raising campaigns within Muslim communities

on the impacts and effects of child marriage;

b) Monitor and report cases of child marriages in communities under its jurisdiction; and

c) Ensure the faithful implementation of the law and its implementation in the best interest of the child.

9. National Commission for Indigenous Peoples (NCIP)

Shall include in their program of actions awareness raising campaigns within indigenous communities on the impacts and effects of child marriage.

10. Philippine Commission on Women (PCW)

a) Ensure the inclusion of the issue of child marriage in its advocacy campaigns for the elimination of violence against women and children;

b) Enjoin concerned government agencies to allocate funds using the GAD budget for the conduct of gender and development (GAD) programs, projects, and activities to implement the provisions of the law and advocate for its inclusion in the annual GAD plans and budgets of agencies as aligned with their respective agency mandates;

c) Provide referral assistance to victim-survivors of child marriage and undertake monitoring of the cases received through the Inter-Agency Council on Violence Against Women and their Children (IACVAWC) Secretariat;

d) Integrate child marriage concerns in relevant periodic assessment reports prepared by the Commission; and

e) Shall integrate dissemination of the provisions of this Act in programs

Where to seek help?

▪ Department of Social Welfare and Development (DSWD)

▪ Commission on Human Rights (CHR)

▪ Council for the Welfare of Children (CWC)

▪ Department of Health (DOH)

▪ Public Attorney’s Officer (PAO)

▪ National Commission on Indigenous Peoples (NCIP)

▪ National Commission on Muslim Filipinos (NCMF)

▪ Philippine Commission on Women (PCW)

FAQs:  Republic Act No. 7877:  Anti-Sexual Harassment Act of 1995

What is Sexual Harassment?

Under RA 7877, 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 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 or not by the object of said act.”

How is work-related sexual harassment committed?

Work-related Sexual Harassment is committed when:

1. The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or 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. The above acts would impair the employee’s rights or privileges under existing labor laws; or

3. The above acts would result in an intimidating, hostile or offensive environment for the employee.

How is education or training-related sexual harassment committed?

Education or Training-related Sexual Harassment is committed:

1. Against one who is under the care, custody or supervision of the offender;

2. Against one whose education, training, apprenticeship, or tutorship is entrusted to the offender;

3. When the sexual favor is made a condition to the giving of a passing grade, or granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

4. When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.

A person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act,
without which the said act would not have been committed,
will also be held liable under the law.

What is the duty of the employer of head of office in a work or education/training environment?

The employer or head of office is required by the law to prevent the occurrence of sexual harassment acts and to provide the procedures for the resolution, settlement or prosecution of sexual harassment. Towards this end, the employer or head of office shall:

1. Promulgate appropriate rules and regulations in consultation with and jointly approved by the employees or student or trainees, through their duly designated representatives. Said rules and regulations shall prescribe the procedures for the investigation of sexual harassment cases and the administrative sanctions thereof.

The said rules and regulations should include guidelines on proper decorum in the workplace and educational or training institutions.

Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.

2. Create a Committee on Decorum and Investigation (CODI) of cases on sexual harassment. The committee shall conduct meetings or 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 institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students and trainees, as the case may be.

The employer or head of office, educational or training institution shall disseminate or post a copy of RA 7877 tfor the information of all concerned.

What if the employer or head of office did not undertake any action despite his/her knowledge of the sexual harassment act/s?

The employer or head of office, educational or training institution will be held liable for the damages arising from acts of sexual harassment if they are informed by the offended party of the occurrence of such acts, yet no action has been undertaken

Can an offended party seek redress by taking an independent action?

Yes, the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.

What are the penalties for offenders?

Any person who violates the provisions of the law shall 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) nor more than Twenty Thousand Pesos (P20,000), or both such fine and imprisonment at the discretion of the court.

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

Where do we go for help?

For government sector employees:

Civil Service Commission
Constitution Hills, Batasang Pambansa Complex, Diliman, Quezon City
Public Assistance Desk: (02) 8931-7913 / 8931-8187
Para sa Taumbayan Hotline: (02) 8951-2575 / 8932-0111

For private sector employees:

Department of Labor and Employment
Bureau of Working Conditions
Intramuros, Manila
Hotline: 1349 / (02) 1349 for calls outside Metro Manila

Philippine National Police
Women and Children Protection Center
Camp Crame, Quezon City
Tel. No.: 410-3213 / 532-6690
Aleng Pulis Text Hot-line: 0919-777-7377

National Bureau of Investigation
Anti-Violence Against Women and Children Desk
Taft Avenue, Manila
Tel. Nos.: 523-8231 to 38 / 525-6028

DOJ – Public Attorney’s Office (DOJ-PAO)
Tel. Nos.: 929-9010 / 929-9436 to 37 loc. 106 / 107