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02 GAD-related laws.pptx
- 1. GAD-related Laws and Policies GAD Planning and Programming for LGUs
- 2. These laws and policies will guide our LGUs in identifying PPAs of their annual GAD Plan and Budget.
- 3. BUDGET GAA 1995 (RA 7845) GAA 1996 (RA 8174) GAA 1997 (RA 8250) GAA 1998 (RA 8522) GAA 1999 (RA 8745) GAA 2000 (RA 8760) Guidelines on the Localization of the Magna Carta of Women: PCW-DILG-DBM-NEDA Joint Memorandum Circular No. 2013-01 PCW-DILG-DBM-NEDA Joint Memorandum Circular No. 2016-01
- 4. EMPLOYMENT Maternity Leave Benefits for Female Govt Employees (RA 1564) Increasing Maternity Benefits in Favor of Women Workers in the Private Sector (RA 7322) Anti-Discrimination of Women in Employment (RA 6725) Citizen Armed Forces or Armed Forces of the Philippines Reservist Act (RA 7077) Labor Code of the Philippines (PD 442)
- 5. SAFETY, PROTECTION, & WELFARE Anti-Mail Order Bride (RA 6955) Barangay-Level Total Development and Protection of Children Act (RA 6972) Witness Protection, Security and Benefit Act (RA 6981) Rooming-In and Breast-feeding Act (RA 7600) Special Protection of Children Against Abuse, Exploitation and Discrimination Act (RA 7610) Anti-Sexual Harassment Act (RA 7877) Anti-Rape Law (RA 8353)
- 6. SAFETY, PROTECTION, & WELFARE Rape Victim Assistance and Protection Act (RA 8505) Solo Parents’ Welfare Act (RA 8972) Anti-Trafficking in Persons Act (RA 9208) Anti-Violence Against Women and Their Children Act (RA 9262) Responsible Parenthood and Reproductive Health Act (RA 10354) Safe Spaces Act (RA 11313) Promoting the Use of Gender-Sensitive Language in the Drafting and Review of Legislative Measures (PCW MC 2014-06)
- 7. NATION BUILDING Women in Development and Nation Building Act (RA 7192) Role of Senior Citizens in Nation Building, OSCA (RA 7432)
- 8. HUMAN RIGHTS Civil Code of the Philippines (RA 386) Magna Carta for Disabled Persons (RA 7277) Magna Carta of Women (RA 9710) 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 MC 2016-07)
Notas del editor
- All these General Appropriations Acts provide for or mandate all departments and their attached agencies, bureaus, offices; SUCs; GOCCs; and other instrumentalities to formulate a GAD plan and allot at least 5% of the agency’s total budget appropriations that year for such. The JMCs also state the same 5% but for LGUs. These will be more elaborated on by Ma’am Gemma.
- RA 1564 – (June 16, 1956) An Act Granting Maternity Leave to Women in Govt Service Under Temporary Appointments who have Rendered Less than Two Years of Service, by Amending Commonwealth Act 647 as Amended This Act extends maternity leave benefits to female government employees who have rendered less than two years of continuous service, as well as to temporary employees whose civil service exam results are released after the employee filed for a leave. RA 7322 – (March 30, 1992) An Act Increasing Maternity Benefits in Favor of Women Workers in the Private Sector, Amending for the Purpose Section 14-A of RA 1161, as amended, and for other purposes This Act increased maternity benefits of women workers in the private sector from the 45-day to 60-day benefit equivalent which equalizes those benefits given in the public sector. RA 6725 – (May 12, 1989) An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment, Amending for the Purpose Article 135 of the Labor Code, as amended It strengthens the prohibition of discrimination against women in employment, promotion and training opportunities. Under DOLE Implementing Rules dated 16 January 1990, work of equal value refers to "activities, jobs, tasks, duties or services, workers or employees are required or called upon to perform and which are identical or substantially identical. Payment of a lower compensation or benefits to a female employee does not constitute a failure to comply with this Section if the difference between the rates of pay is based on length of service or seniority, on location or geographical area of employment, or any factor than sex and factors on which the difference is based would normally justify such difference in rates of pay. RA 7077 – (June 27, 1991) An Act Providing or the Organization, Administration, Training, Maintenance, and Utilization of the Citizen Armed Force of the AFP and for other purposes In compliance with the constitutional policy of equality before the law of men and women, Article X of this law provides that women shall have the right and duty to serve in the Armed Forces of the Philippines. The standards shall apply to both women and men except for essential adjustments because of physiological differences between them. PD 442 – (May 1, 1974) Labor Code of the Philippines nightwork prohibition facilities for women maternity leave family planning discrimination stipulation against marriage classification of certain women workers employment of househelpers (also RA 10361) employment of homeworkers
- RA 6955 – (June 13, 1990) An Act To Declare Unlawful The Practice Of Matching Filipino Women For Marriage To Foreign Nationals On A Mail-Order Basis And Other Similar Practices, Including The Advertisement, Publication, Printing Or Distribution Of Brochures, Fliers And Other Propaganda Materials In Furtherance Thereof And Providing Penalty Therefor It declared unlawful the business of matching Filipino women for marriage to foreign nationals either on mail-order basis or through personal introduction as well as through advertisement publication, printing or distribution of brochure and fliers and through membership in clubs created for matching Filipinas to foreign nationals and through the use of the postal service. This law only penalizes this offense with imprisonment from six years and one day to eight years and the fine is quite minimal (P8,000 to P20,000). The advent of newspapers publishing prohibited materials under this law and the proliferation in the internet of mail order bride services warrant a serious re-evaluation of the affectivity of this law. RA 6972 – (November 23, 1990) An Act Establishing A Day Care Center In Every Barangay, Instituting Therein A Total Development And Protection Of Children Program, Appropriating Funds Therefor, And For Other Purposes R.A. 6972 establishes day care centers for children six years and below in every barangay for the monitoring and registration of births, completion of immunization, growth and nutritional monitoring and to care for children of working mothers. This will free women for other activities such as taking a job or going back to school. The day care centers shall also be sanctuary for abused, neglected or exploited children and shall serve as referral and support system for pregnant mothers. RA 6981 – (April 24, 1991) An Act Providing For A Witness Protection Security And Benefit Program And For Other Purposes Any person who witnessed or has knowledge or information on the crime and has testified or about to testify before any judicial and quasi-judicial body, or before any investigating authority may be admitted into the program. This will benefit women who would like to file charges and testify against their husbands or partners or against a member of the family but are afraid of retaliation. RA 7600 – (June 2, 1992) An Act Providing Incentives To All Government And Private Health Institutions With Rooming-In And Breastfeeding Practices And For Other Purposes To create an environment where basic physical, emotional, and psychological needs of mothers and infants immediately after birth, rooming-in and breastfeeding is encouraged by this law. Health institutions are to provide facilities for rooming-in and breastfeeding and expenses they incur in this regard shall be deductible expenses for income tax purposes. The Secretary of Health shall impose sanctions in case of violation of this law. RA 7610 – (June 17, 1992) An Act Providing For Stronger Deterrence And Special Protection Against Child Abuse, Exploitation And Discrimination, Providing Penalties For Its Violation And For Other Purposes Provisions: Against child prostitution and sexual abuse Against child trafficking Very certain and strict conditions on child labor Against other acts of cruelty, neglect, abuse, and exploitation On children in situations of armed conflict RA 7877 – (February 14, 1995) An Act Declaring Sexual Harassment Unlawful In The Employment, Education Or Training Environment, And For Other Purposes The "Anti-Sexual Harassment Act" upholds the State policy to value the dignity of every human individual, to guarantee full respect for human rights and to uphold the dignity of students, trainees, workers, employees and those seeking employment. It declares that all forms of sexual harassment in the employment environment as well as in the education or training environment are unlawful. It provides for the duty of the employer and head of the education environment to prevent or deter commission of acts of sexual harassment and promulgate rules and administrative sanctions. RA 8353 – (September 30, 1997) An Act Expanding The Definition Of The Crime Of Rape, Reclassifying The Same As A Crime Against Persons, Amending For The Purpose Act No. 3815, As Amended, Otherwise Known As The Revised Penal Code, And For The Purposes The crime of rape is now a crime against persons under the Revised Penal Code. It broadened the definition of rape which may be committed by having carnal knowledge of a woman under certain circumstances or by committing acts of sexual assault. Survivors of rape and women's groups have long clamored for such a provision because they believe that the act of inserting objects into the genital or anal orifice is equally, if not more degrading. The law somehow recognized marital rape when it provided when the offender is the legal husband, forgiveness by the wife shall extinguish the criminal action or penalty.
- RA 8505 – (February 13, 1998) An Act Providing Assistance And Protection For Rape Victims, Establishing For The Purpose A Rape Crisis Center In Every Province And City, Authorizing The Appropriation Of Funds Therefor, And For Other Purposes A rape crisis center shall be established in every province and city to provide counseling, free legal assistance, ensure the privacy and safety of rape survivors, and to develop and undertake a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities, gender sensitivity and legal management of rape cases. In recognition of the offended party's right to privacy, the law also provides for protective measures for the rape survivor such as: (1) the police officer or the examining physician must be of the same gender as the offended party; (2) only persons authorized by the offended party shall be allowed the examination room; (3) closed-door investigation, prosecution or trial; and (4) the name and personal circumstances of the offended party and/or the accused shall not be disclosed to the public. RA 8972 – (November 7, 2000) An Act Providing For Benefits And Privileges To Solo Parents And Their Children, Appropriating Funds Therefor And For Other Purposes This Act aims to develop a comprehensive program of social development and welfare service for solo parents and their children to be carried out by the Department of Social Welfare and Development (DSWD), the Department of Health (DOH), the Department of Education, Culture and Sports (DECS; now DepEd), the Department of the Interior and Local Government (DILG), the Commission on Higher Education (CHED), the Technical Education and Skills Development Authority (TESDA), the National Housing Authority (NHA), the Department of Labor and Employment (DOLE), and other related government and non-government agencies. RA 9208 – (May 26, 2003) An Act To Institute Policies To Eliminate Trafficking In Persons Especially Women And Children, Establishing The Necessary Institutional Mechanisms For The Protection And Support Of Trafficked Persons, Providing Penalties For Its Violations, And For Other Purposes RA 9208 penalizes the commission of "trafficking in persons," defined as the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The Law also penalizes "acts that promote trafficking in persons such as leasing or allowing the use of property for the purpose of trafficking, producing or distributing fake or tampered certificates required by government, advertising, publishing or distributing propaganda materials that promote trafficking; and facilitating the exit/entry of trafficked persons at airports, seaports and other territorial boundaries. The Law also penalizes the person who buys or engages the services of trafficked persons for prostitution, or of trafficked persons held in a condition of involuntary servitude, forced labor or slavery. The Law considers the trafficked person as a victim and is thus accorded protection by the State. RA 9262 – (March 8, 2004) An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes RA 9262 penalizes the commission of violence against women their children (VAWC) in the context of domestic violence or violence in intimate relationships. It defines VAWC as any act or a series of acts committed by any person against a woman who is his wife, former wife, or with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which 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. The Law also provides for the security of the complainant and her family through the availment of barangay, temporary, or permanent protection orders. The Law clearly identifies the duties of barangay officials, law enforcers, prosecutors, court personnel, healthcare providers and other government agencies and LGUs to provide the necessary protection and support services to VAWC victims. Furthermore, the Law recognizes "Battered Woman Syndrome" which refers to a scientifically defined pattern of psychological or behavioral symptoms found in women living in battering relationships as a result of cumulative abuse, as an acceptable defense for actions committed by the victim as a result of battering. RA 10354 – (December 21, 2012) An Act providing for a National Policy on Responsible Parenthood and Reproductive Health This (once-controversial) law guarantees universal access to methods on contraception, fertility control, sexual education, and maternal care. RA 11313 – (April 17, 2019) An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor This law defines gender-based sexual harassment in streets, public spaces, PUVs, online, workplaces, and educational/training institutions. It also provides protective measures and prescribes penalties to offenders. (S4, A3, C87) PCW MC 2014-06 – (December 19, 2014) Promoting the Use of Gender-Sensitive Language in the Drafting and Review of Legislative Measures Recognizing that the use of gender-fair language is the first benchmark of gender-sensitivity, the Civil Service Commission (CSC) issued Memorandum Circular No. 12, series of 2005, attached herein, which encourages the use of non-sexist language in all official documents, communications and issuances. Republic Act 9710, otherwise known as the “Magna Carta of Women,” reinforces the use of gender-sensitive language at all times. Language shapes thoughts, perceptions and attitudes and, thus, plays a very crucial role in promoting gender awareness and consciousness. The use of generic masculine terms to refer to both sexes in the text of laws renders women invisible, and could result in non-consideration of their needs and concerns in the implementation of such laws.
- RA 7192 – (February 12, 1992) An Act Promoting The Integration Of Women As Full And Equal Partners Of Men In Development And Nation Building And For Other Purposes The Act provides guidance and measures that will mobilize and enhance participation of women in the development process in ways equal to that of men. Concurrent with the State's mandate to ensure fundamental equality of men and women before the law, the Act requires that a substantial portion of foreign assistance funds be allocated to support programs for women; that women benefit equally and participate in development programs funded by foreign assistance; and that gender bias be removed from government regulations, circulars, issuances and procedures. This Act also provides equal opportunities for women in all military schools of the Armed Forces and the Philippine National Police. Likewise, it also provides equal rights in entering into contracts and loan agreements and in joining social and cultural clubs. Household managers can avail of social security services through their working spouses. RA 7432 – (April 23, 1992) An act to maximize the contribution of senior citizens to nation building, grant benefits and special privileges and for other purposes It provides among other things, that senior citizens, half of which are women, shall have 20% discount from all establishments relative to the use of transportation services, hotels, restaurants, recreation center and purchase of medicine everywhere in the country. The private establishments may claim the cost as tax credit. Senior citizens shall also be exempt from payment of income taxes.
- RA 386 – (December 8, 1930) Civil Code of the Philippines Article 370. A married woman may use: (1) Her maiden first name and surname and add her husband's surname, or (2) Her maiden first name and her husband's surname or (3) Her husband's full name, but prefixing a word indicating that she is his wife, such as "Mrs.“ RA 7277 – (March 24, 1992) An Act Providing For The Rehabilitation, Self-Development And Self Reliance Of Disabled Persons And Their Integration Into The Mainstream Of Society And For Other Purposes The State shall give full support to the improvement of the total wellbeing of disabled persons and their integration into society. It provides for the rights and privileges of disabled persons in employment, education, health, social services, telecommunications, accessibility, political and civil rights. It prohibits discrimination against them. RA 9710 – (August 14, 2009) An Act Providing for the Magna Carta of Women The Magna Carta of Women is a comprehensive women's human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors. PCW MC 2016-07 – (October 12, 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 Reiterates Article 370 of the Civil Code