The MCW is a comprehensive women’s human rights law that seeks to eliminate discrimination through the recognition, protection, fulfilment and promotion of the rights of Filipino women, especially those belonging in the marginalized sectors of the society.
The MCW establishes the Philippine government’s pledge of commitment to the Convention on the Elimination of All Forms of Discrimination against Women’s (CEDAW) Committee and to the UN Human Rights Council on its first Universal Periodic Review in 2009.
It is the local translation of the provisions of the 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).
The Magna Carta of Women defines discrimination against women as:
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 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.
The MCW special leave benefit refers to a female employee’s leave entitlement of up to two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders. Gross monthly compensation is defined as monthly basic pay plus mandatory allowances fixed by the law/regional wage board.
Gynecological disorders are disorders that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries shall also include myomectomy, hysterectomy, ovariectomy and mastectomy.
Women employees, regardless of age and civil status
In the private sector, any female employee who has been with the company for the last twelve (12) months and has rendered at least six (6) months of continuous aggregate service may avail the said leave prior to undergoing surgery.
In the public sector, any female employee who has rendered at least six (6) months aggregated service in any various government agencies for the last twelve (12) months prior to undergoing surgery for gynecological disorders may avail of the said leave.
The special leave benefit may be filed in advance, at least five (5) days for the government sector, or within a reasonable period of time prior to the scheduled date of gynecological surgery for the private sector. In case of emergency surgical procedure, the said leave shall be filed immediately upon the employee’s return from such leave.
MCW Special Leave benefit may be availed following surgery caused by a gynecological disorder. However, for employees in the private sector, the employer, in its discretion, may allow said employee to receive her pay for the period covered by the approved leave before or during the surgery.
Female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.
Yes. The special leave benefit may be availed for every instance of surgery due to gynecological disorder for a maximum total period of two (2) months or sixty (60) calendar days per year.
In case the recuperation period will exceed 60 days, female employees in the private sector may charge their leave of absence to the company leave and other mandated leave benefits. On the other hand, female employees in the government sector may use their earned sick leave credits or their vacation leave credits, after their sick leave credits have been exhausted.
The woman employee who has undergone surgery due to gynecological disorder during her maternity leave is entitled only to the difference between the maternity leave benefits and the special leave benefit under Republic Act No. 9710.
Section 18 of RA 9710 provides for the entitlement to Special Leave Benefits of women employees who have rendered continuous aggregate employment of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders;
No. The MCW SpecialLeave benefit is different from SSS sickness benefit. The MCW Special Leave benefit is granted by the employer to a woman employee who has undergone surgery due to gynecological disorder while the SSS sickness benefit is administered and given by SSS in accordance with SSS Law or RA 1161 as amended by RA 8282.
No. MCW Special Leave benefit is non-cumulative and non-convertible to cash unless otherwise provided by a collective bargaining agreement (CBA) in the private sector.
The existing similar benefits under a company policy, practice or CBA shall be considered as compliance, unless the company policy, practice or CBA provides otherwise. In case the company policy, practice or CBA provides lesser benefits, the company shall grant the difference.
The Medical Certificate shall be accompanied by a clinical summary reflecting the gynecological disorder, histopathological report, operative technique used, duration of surgery, period of confinement, as well as period of recuperation.
For the private sector:
For the government sector:
Civil Service Commission – Human Resource Policies and Standards Office
Telephone: (02) 8951-4629
Telefax: (02) 8931-4144
Text CSC: 0917-839-8272
CSC Memorandum Circular No. 25, s. 2010: Guidelines on the Availment of the Special Leave Benefits for Women under R.A. 9710 (An Act Providing for the Magna Carta of Women); DOLE Department Order No. 112-11 s. 2012: Guidelines Governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector; and Department Order No. 112-A, s. 2012 : Amending the Guidelines on the Implementation of the Special Leave Benefit for Women Employees in the Private Sector.
CSC Resolution No. 1000432: Guidelines on the Availment of the Special Leave Benefits for Women under R.A. 9710 (2010). Retrieved here on July 22, 2020.
DOLE Department Order 112-11: Guidelines Governing the Implementation of the Special Leave Benefits for Women Employees in the Private Sector. (2011). Retrieved here on July 22, 2020.
DOLE Department Order 112-A: Amending the Guidelines on the Implementation of the Special Leave Benefits for Women Employees in the Private Sector. (2012). Retrieved here on July 22, 2020.
Republic Act No. 9710: Magna Carta of Women: Implementing Rules and Regulations. (2011). Manila: Philippine Commission on Women.
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.
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):
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.
R.A. 9262 covers several acts of violence, which are:
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.
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:
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.
He may file a complaint or case under the Revised Penal Code.
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.
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
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.
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.
The criminal complaint may be filed within twenty (20) years from the occurrence or commission for the following acts:
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.
The various kinds of protection orders are:
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.
A petition for Protection Order may be filed by the following:
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:
The Temporary Protection Order and the Permanent Protection Order are enforceable anywhere in the Philippines.
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.
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”.
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.
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.”
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.
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.
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.
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).
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.
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.
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
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).
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)
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 Desk (VAWCD)
Taft Avenue, Manila
Hotline: 117 / 911
Women Children Protection Center
Main Office: (02) 8532-6690 / 7410-3213 / 7723-0401 local 5260, 5360, 5361
Visayas: 0917-7085157 / (032) 410-8483
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) 8524-2990 / 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
Anti-Violence against Women and Their Children Act of 2004 (Republic Act 9262), Implementing Rules and Regulations
RA 9262 or the Anti-Violence Against Women and their Children Act Primer by SALIGAN
A guide to Anti-Violence Against Women and their Children (RA 9262) Philippine Information Agency and the NCRFW, 2004
END VAW: A Complete Reference Book on the Anti-Violence Against Women and their Children Act of 2004 (RA 9262). Published by the Support Service Institute of Women and the Democratic Socialist Women in the Philippines, 2006
Q & A Implementing Rules and Regulations RA 9262 or the Anti-Violence Against Women and their Children Act of 2004, A Handbook for the Philippine National Police
Barangay Protection Order RA 9262 A Primer, Department of Interior and Local Government, National Barangay Operations Office, 2004
The Expanded Maternity Leave under R.A. No. 11210 is an act increasing the maternity leave period to one hundred and five (105) days for female workers with pay and an option to extend for an additional thirty (30) days without pay. This also grants extension of fifteen (15) days for solo mothers, and for other purposes.
The maternity leave period is counted in calendar days, inclusive of Saturdays, Sundays, and holidays. This is in consonance with the rule that maternity leave should be availed of in a continuous and uninterrupted manner.
The law took effect on March 11, 2019. Therefore, female workers (covering those in the public and private sector, informal economy, or any SSS members with voluntary contribution, and female national athletes) who underwent live childbirth, miscarriage, or emergency termination of pregnancy on March 11, 2019 onwards shall be entitled to the maternity leave benefits under R.A. No. 11210.
For female employee working in the Public Sector
Any pregnant female worker in the government service, regardless of employment status and length of service, in National Government Agencies (NGAs), Local Government Units (LGUs), Government-Owned or Controlled Corporations (GOCCs), State Universities and Colleges (SUCs) or Local Universities and Colleges (LUCs).
The following documents shall be submitted to the agency to enjoy maternity leave:
No. This does not apply to married females only. The maternity leave can be availed of regardless of the civil status of the mother or her child’s legitimacy.
Yes. They can apply for maternity leave in every instance of pregnancy.
For live childbirth, it shall cover 105 days maternity leave with full pay. An additional 15 days will be provided for solo parents as defined in R.A. No. 8972 and also an option to extend for 30 days without pay.
Yes. A female employee who experienced miscarriage or those who delivered stillbirth can still avail of maternity leave. She is entitled to 60 days maternity leave with full pay.
Yes. Female contract of service and job order workers in government are classified as female workers in the informal economy. They can claim maternity leave benefits from the SSS if they have remitted to the SSS at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.
A female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s father, whether or not the same is married to the female worker. In the absence of the father, the female employee may still allocate said maternity leaves to an alternate caregiver who is either a relative within the 4th degree of consanguinity or a current partner, regardless of gender, who shares with her the same household.
The RA 8187 or the Paternity Leave Act of 1996 grants 7 days paternity leave to the father of the child, if he is married to the female worker. Thus, a married new father can enjoy as much as 14 days leave (7 days Paternity leave and 7 days under RA 11210). An unmarried new father, on the other hand, may enjoy 7 days allocated leave.
No. There is no need to return the maternity leave benefits received. Under the law, the balance of the maternity leave benefits of a female employee who died or became permanently incapacitated shall accrue to the child’s father or, in his death, absence, or incapacity, to an alternate caregiver.
The female worker shall fully enjoy and exhaust her maternity leave, 105 or 60 days, as the case may be. If she returns to work during the unexpired period of her maternity leave, she shall not be paid for actual services rendered since maternity leave under R.A. No. 11210 shall no longer be commutable or convertible to cash.
Yes. A female employee can avail of maternity leave of not more than forty five (45) days prior to her delivery date for prenatal care purposes. Maternity leave benefits should be availed by the eligible female worker either before or after the actual period of delivery in a continuous and uninterrupted manner. Maternity leave can be used as combinations of prenatal and postnatal leave provided that postnatal care shall not be less than 60 days.
Yes. Maternity Leave shall be granted to female workers in any instance of pregnancy or miscarriage, regardless of frequency. This shall likewise apply to overlapping miscarriages. The payment of the SSS maternity in cases of consecutive pregnancies resulting to overlapping maternity leaves and in cases of multiple childbirths shall be governed by the the following rules:
Application for maternity leave must be filed the soonest time possible, preferably thirty (30) days before the expected delivery date of the female employee. In emergency cases, the application for maternity leave may be filed immediately after the emergency .
Extended maternity leave with pay is allowed, chargeable against the female employee’s sick leave credits, and vacation leave credits in case her sick leave credits have been exhausted.
Application for extended maternity leave must be filed with the agency at least forty-five (45) days before the end of the 105 days maternity leave. In case of a medical emergency, subsequent notice shall be submitted.
Yes. The maternity leave benefit in the public sector is taxable, being a paid leave in government service.
Yes, female government employees can claim maternity leave benefits from the SSS and PhilHealth if they are members who meet the contribution requirements of these institutions.
The SSS grants maternity leave benefits for self-employed/voluntary members who have remitted at least three (3) monthly contributions in the twelve (12)-month period immediately preceding the semester of her childbirth, miscarriage, or emergency termination of pregnancy.
The PhilHealth grants benefits like Maternity Care Package (MCP) for members who have paid at least nine (9) months of premium contributions within the twelve (12) months prior to the first day of availment/ confinement (including confinement month). The other conditions for the grant of the PhilHealth benefits are as follows:
No. The salary differential to be paid by employers in the private sector is considered as a benefit exempt from the Income and Withholding Taxes.
Yes. A mother can still apply for maternity eave if her childbirth or miscarriage occurs not more than 15 days after her service is terminated.
Yes. Female athletes are also entitled to the maternity leave benefits. They will also continue to receive allowances and benefits that were granted to them before their pregnancy.
Employers or agencies who violate this law will be fined from P20,000.00 to P200,000.00; or will be imprisoned for at least 6 years and 1 day or not more than 12 years. Moreover, their business permits shall no longer be renewed.
Civil Service Commission. (2019). Guidelines on Republic Act No. 11210. Retrieved here on July 22, 2020.
Department of Labor and Employment. (2019). Implementing Rules and Regulations of Republic Act No. 11210 (An Act of Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with An Option to Extend for An Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes). Retrieved here on July 22, 2020.
Bureau of Internal Revenue. (2019). Revenue Memorandum Circular No. 105-2019: Clarifies the Proper Tax Treatment of Maternity Leave Benefits Under Republic Act No. 11210 Otherwise Known as the “105-Day Expanded Maternity Leave Law. Retrieved here on July 22, 2020.
Official Gazette. (2019). Republic Act No. 11210: An Act Increasing the Maternity Leave Period to One Hundred Five (105) Days for Female Workers with an Option to Extend for an Additional Thirty (30) Days Without Pay, and Granting an Additional Fifteen (15) Days for Solo Mothers, and for Other Purposes. Retrieved here on July 22, 2020.
Philippine Health Insurance Corporation (2015). PhilHealth Circular 22-2014: Social Health Insurance Coverage and Benefit for Women About to Give Birth Taken from PhilHealth. Retrieved here on July 22, 2020.
Philippine Health Insurance Corporation (2014). Tamang Sagot PhilHealth Circular 22-2014 Social Health Insurance Coverage and Benefit for Women About to Give Birth. Retrieved here on July 22, 2020
Social Security System (2019). Benepisyo sa Panganganak Brochure. Retrieved here on July 22, 2020.
No. According to prevailing jurisprudence, “a married woman has the option, but not a duty, to use the surname of the husband.” Therefore, upon marriage, married women have the option to continuously use her maiden name or:
While there is no blanket prohibition on reverting to one’s maiden name, certain special laws limit the instances in which a married woman can resume or revert to her maiden name, such as Republic Act No. 8239 or the Philippine Passport Act of 1996.
The Philippine Passport Act does not prohibit married women from continuously using their maiden names in their passports. However, once a married woman has opted to adopt her husband’s surname in her passport, she may not revert to her maiden name, except in any of the following instances:
Philippine Commission on Women (2016). Allowing Married Women to Retain and Use their Maiden Name in lieu of their Husband’s Surname in accordance to Existing Laws and Pertinent Jurisprudence (PCW Memorandum Circular No. 2016-07)
Remo v. Secretary of Foreign Affairs, 628 Phil. 181 (2010). Retrieved here.
No. Republic Act 70877 or the Anti-Sexual Harassment Act has a limited definition of sexual harassment and who can be considered the offender, generally persons with authority. With the implementation of the Republic 11313 or the Safe Spaces Act, anyone who committed catcalling, wolf-whistling, misogynistic and homophobic slurs, unwanted sexual advances, and other forms of sexual harassment in public places, workplaces, schools, as well as in online spaces can be penalize.
No. If someone’s offense qualifies under both the Safe Spaces and Anti-Sexual Harassment acts, they can be charged for counts under both laws. Offenses can also intersect other laws like the Anti-Violence Against Women and Children Act.
The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive for committing such action or remarks.
Gender-based streets and public spaces sexual harassment include, among others:
a) Catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs;
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
Yes. Gender-Based Sexual Harassment may happen anywhere. In cases of GBSH in PUVs, the LTO or the LTFRB may suspend or revoke the use of driver’s license after finding of substantial evidence that the perpetrator committed any violation of the law, subject to LTO’s own administrative procedure on suspension or revocation or of driver’s license.
In case the offense is committed by a minor, the Department of Social Welfare and Development (DSWD) shall take necessary disciplinary measures and diversion program as provided for under R.A. No. 9344, otherwise known as the “Juvenile Justice and Welfare Act of 2006”. The program shall include age-appropriate gender sensitivity training and anti-sexual harassment awareness activities.
Per Section 11 of the law, the following acts shall be penalized as follows:
a) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing. taunting, cursing, unwanted invitations, misogynistic, transphobic, homophobic, and sexist slurs, persistent unwanted comments on one’s appearance, relentless requests for one’s personal details such as name, contact and social media details or destination, the use of words, gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety.
b) For acts such as making offensive body gestures atsomeone, andexposing private parts for the sexual gratification of the perpetrator with the effect of demeaning, harassing, threatening or intimidating the offended party including flashing of private parts, public masturbation, groping, and similar lewd sexual actions.
c) For acts such as stalking, and any of the acts mentioned in Section 11, paragraphs (a) and (b), when accompanied by touching, pinching or brushing against the body of the offended person; or any touching, pinching, or brushing against the genitalia, face, arms, anus, groin, breasts, inner thighs, face, buttocks or any part of the victim’s body even when not accompanied by acts mentioned in Section 11, paragraphs (a) and (b).
Yes. Safe Spaces Act pushes for safer cyber spaces. Sharing of any of the victim’s photos, videos, or information without permission is punishable under the law.
Other gender-based online sexual harassment include acts that use information and communications technology to frighten victims through:
The penalty of prision correccional in its medium period or a fine of not less than One hundred thousand pesos (P100,000.00) but not more than Five hundred thousand pesos (P500,000.00), or both, at the discretion of the court shall be imposed upon any person found guilty of any gender-based online sexual harassment.
Any person harassed can file a complaint. However, “unwanted and uninvited” sexual harassment must be proven, going by the definition of the crime.
Privately-owned places open to the public, like restaurants and retail stores, adopt a zero-tolerance policy against gender-based sexual harassment in streets and public places. Victims can seek help to their personnel as they are obliged to provide assistance by coordinating with the police and making CCTV footage available.
If the gender-based sexual harassment happened to the workplaces or educational institutions, victims may seek assistance to its independent internal mechanism or a committee on decorum and investigation (CODI) which is mandated to investigate and address these kinds of complaints.
Safe Spaces Act Implementing Rules and Regulations. (2019)
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.”
Work-related Sexual Harassment is committed when:
Education or Training-related Sexual Harassment is committed:
“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.”
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:
“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 for the information of all concerned.”
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.
Yes, the offended party may take independent action for damages incurred in the act of sexual harassment. She/he may also avail of relief.
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 on arising from the violation of the provisions of this Act shall prescribe in three (3) years.
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
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
Republic Act 7877 or the Anti-Sexual Harassment Act of 1995
A.M. No. 03-03-13-SC Rule on Administrative Procedure in Sexual Harassment Cases and Guidelines on Proper Work Decorum in the Judiciary. Supreme Court, December 2004
Trafficking in persons is an illegal act and is considered a violation of human rights. It has three (3) inter-related and interdependent elements for a situation to be considered trafficking in persons:
The recruitment, transportation, transfer, harboring, adoption or receipt of a child for the purpose of exploitation or when the adoption is induced by any form of consideration for exploitative purposes shall also be considered as “trafficking in persons” even if it does not involve any of the means mentioned above.
The following acts are punishable under RA 9208 as amended by RA 10364:
1.Acts of TIP – includes all acts committed by any natural or juridical person where all the three elements of TIP (acts, means, purpose) are present. Some examples are:
Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years and a fine of not less than 1 million but not more than 2 million pesos.
2. Acts that promote TIP – includes all acts that encourages or facilitates TIP such as:
Any person found guilty of acts that promote TIP shall be penalized with imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1 million pesos.
3. Use of Trafficked Persons – any person who buys or engages the services of trafficked persons for prostitution shall be penalized with imprisonment ranging from six (6) years to forty (40) years and fine ranging from 50 thousand to 5 million pesos.
In addition to imprisonment and fine, an offender who is a foreigner shall be immediately deported and permanently barred from entering the country after serving jail terms, while an offender who is a public official shall be dismissed from service and suffer perpetual absolute disqualification to hold public office.
4. Qualified TIP – the act will be considered as qualified TIP when:
Qualified trafficking shall be penalized by life imprisonment and a fine of not less than 2 million but not more than 5 million pesos.
5. Attempted TIP – where there are acts to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime, by accident or by reason of some cause other than voluntary desistance, such overt acts shall be deemed as an attempt to commit an act of TIP. In cases where the victim is a child, any of the following acts shall also be deemed as attempted TIP:
Any person found guilty of committing attempted TIP shall be penalized with imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1 million pesos.
|Trafficking in Persons||Illegal Recruitment||Human Smuggling|
|May or may not involve coercion, fraud, deception, abuse of vulnerability, etc.||Usually does not involve coercion but uses more deception, promises and fraud||Usually does not involve coercion|
|Characterized by subsequent exploitation after the illegal entry of one person from one place to another or one country to another||Characterized by facilitating entry of one person from one country to another through an unorganized or unlicensed agency||Characterized by facilitating for a fee, the illegal entry of a person into a foreign country|
|There is a need to prove
the presence of exploitation or that the recruitment was facilitated for the purpose of exploitation
|Mere recruitment without license is punishable, no need to prove the consequential exploitation||Proof of illegal entry by non-compliance with the necessary requirements
|Considered a human rights issue||Considered a migration concern||Considered a migration concern|
Inter-Agency Council Against Trafficking (IACAT)
Hotline: 1343 or (02) 1343 for outside Metro Manila
Department of Justice
DOJ IACAT: (02) 8525-2131 / 8527-2363
DOJ Action Center: (02) 8521-2930 / 8523-8481 loc. 403
Department of Social Welfare and Development
DSWD Ugnayan Pag-asa Crisis Intervention Center
Hotlines: (02) 8734-8639 / (02) 8734-8654 / (02) 8734-8626 to 27
DSWD Community-Based Services Section (CBSS)
Hotline: (02) 8733-0010 to 18 loc. 116
Philippine National Police
Hotline: 117 / 911
Women and Children’s Protection Center
Main Office: (02) 8532-6690 / 7410-3213 / 8723-0401 local 5260, 5360, 5361
Visayas: 0917-7085157 / (032) 410-8483
Aleng Pulis: 0919-7777377 / 09667255961
National Bureau of Investigation
NBI-Anti-Human Trafficking Division
Hotline: (02) 8521-9208 / 8523-7414
Bureau of Immigration
Hotline: (02) 8524-3769 / 8645-2400
Philippine Overseas Employment Administration
Hotlines.: (02) 8722-11-44 / 8722-11-55
Legal Assistance Division: (02) 8722-1189
Anti-Illegal Recruitment Branch: 8721-0619
For Filipinos Overseas: Philippine Embassy/Consulate which has jurisdiction over the place where the trafficking occurred or where the trafficked person is.
Primer on RA 9208
Anti-Trafficking in Persons Act of 2003 as amended by RA 10364
Expanded Anti-Trafficking in Persons Act of 2012
Commission on Filipinos Overseas