ACTIVITY 1. REFLECTION AND ANALYZE

1. Reflecting and analyzing through the given notes related to the given topics.

ACTIVITY 2.

1. What are the different forms of economic abuse under the law?
2. Expound "psychological violence" under the Family Code of the Philippines?
3. Discuss the important rights guaranteed for women under the Magna Carta of Women?
4. What is the impact of these laws and rights to the Filipino women and society?
5. Explain the scope and coverage of Republic Act No. 9262?

ACTIVITY 3.

Song Selection.

Pick a song, either local or international, that best reflects the concepts or principles of the given unit AND EXPLAIN it in three paragraphs.

YOU CAN GET AN ANSWER OR IDEA HERE.

DISCUSSION PROPER:

As the government recognizes the role and influence of women in the Philippines, many laws have been crafted to guarantee their protection and well-being, may it be in work or household. Among these are as follows:

105-Day Expanded Maternity Leave Law

Signed into law on February 2019 by President Rodrigo Duterte, Republic Act 11210 or the Expanded Maternity Leave Law extends the previous 60-day (78 days for caesarian section delivery for women workers in the private sector) paid maternity leave to 105 days. The law also entails an option to extend for an additional 30 days of unpaid leave. Additional 15 days paid maternity leave shall also be granted to female solo parents.

Prohibition on Discrimination Against Women

RA 6725 prohibits discrimination with respect to terms and conditions of employment solely on the basis of sex. Under this law, any employer favoring a male employee over a female in terms of promotion, training opportunities, and other benefits solely on account of sex is considered discrimination.

Anti-Violence Against Women and Their Children Act of 2004

RA 9262, or AnAct Defining Violence Against Women and Their Children, Providing Protective Measures for Victims, Prescribing Penalties Therefor and for Other Purposes, recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security. Under this law, the state also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Assistance for small-scale women entrepreneurs

RA 7882, or the act that states the Provision of Assistance to Women Engaging in Micro and Cottage Business Enterprises, and for other purposes, was approved in February 1995. This law seeks to provide all possible assistance to Filipino women in their pursuit of owning, operating and managing small business enterprises.

Anti-Sexual Harassment Act of 1995

RA 7877 addresses the issue of sexual harassment committed in employment, education or training environment. It was signed into law on February 14, 1995, under former President Fidel Ramos' administration. Sexual favors made as a condition in the employment or granting promotions or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect is punishable by law.

The Anti-Rape Law of 1997

RA 8353 states that any person having carnal knowledge of a woman through force, threat, or intimidation or by means of fraudulent machination or grave abuse of authority will be punished. Depending on the severity of the case, the offense may be punishable reclusion perpetua or life imprisonment.

Rape Victim Assistance and Protection Act of 1998

RA 8505 declares the policy of the State to provide necessary assistance and protection for rape victims. The government shall coordinate its various agencies and non-government organizations to work hand in hand for the establishment and operation of a rape crisis center in every province and city that shall assist and protect rape victims in the litigation of their cases and their recovery.

Magna Carta of Women

RA 9710 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 in the marginalized sectors of the society. It conveys a framework of rights for women based directly on international law. Pursuant to this law is Executive Order 273 that states the approval and adoption of Philippine Plan for Gender-Responsive Development, 1995-2025.

National Women's Day

RA 6949 declares the eighth day of March every year as a special working holiday. This ensures meaningful observance of the holiday, where all heads of government agencies and instrumentalities, including government-owned and controlled corporations as well as local government units, and employers in the private sector shall encourage and afford sufficient time and opportunities for their employees to engage and participate in any activity conducted within the premises of their respective offices or establishments to celebrate National Women's Day.

The position of the Philippines on women's rights is relatively developed compared to many other nations. Over the past century, noticeable developments have been made which have led to greater endorsement and protection of these rights. The progression towards gender equality came about through women's movements, increased numbers of women political representatives, increased numbers of educated women, greater specificity on women's issues instituted under legislation, and the focused application of those laws. In recent years, the Filipino government has addressed the rights of women under a multitude of legislative schemes including workplace discrimination, domestic violence, sexual harassment and human trafficking. Despite the great progress and achievements for women's rights the Philippines has garnered so far, the country is still in need of further development. There exists a discrepancy between women who have politically, academically and financially excelled, compared to women who are domestically abused, financially unstable and who are exploited through prostitution and migrant work.

In the Philippines, President Manuel L. Quezon, having signed the Woman's Suffrage Plebiscite Bill, held that, "...it is essential and even imperative that the right to vote be granted to Filipino women if they are not to be treated as mere slaves" and that, for women, it was "...their opportunity to wield a very important weapon to defend their right to secure for themselves and those to follow them their well-being and happiness." The Philippines was one of the first Asian countries to allow this right for women on September 17, 1937.

Filipino women have become increasingly involved in politics on both the local and national level. Scholars believe that the rise of women leaders can be largely attributed to familial connection and the support the Catholic Church gives to women. Women have come to occupy wide-ranging positions such as members of senate, members of congress, senators, governors, mayors and judges. The greatest exemplification of Filipino women's involvement in politics are the occasions of female presidency. Despite the comparatively advanced position of gender equality that the Philippines maintains, gender-based violence towards women, particularly domestic violence, remains a pervasive problem. In the Philippines, abortion has been illegal and criminalized for over a century. This is mainly due to Spanish colonial-era influences in Filipino life, notably Catholicism. In the 1987 Philippine Constitution, Article II mentions the importance of the sanctity of family life. Section 12 elaborates on this holding that, "It [the State] shall equally protect the life of the mother and the life of the unborn from conception."

The 1987 Philippine Constitution in article II, section 14 maintains that the State, "recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men."

The Revised Penal Code of the Philippines, Republic Act No. 3815. Article 245 of the Act holds that where any police officer or warden immorally or indecently advances to a woman under his watch, that officer or warden will be charged and could face suspension or disqualification of his post.

The Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995. This Act applies to all persons, but at the same time offers particularly progressive provisions for the protection of women and children who are particularly vulnerable in this area. This Act declares the unlawfulness of sexual harassment in employment, education and training environments.

The Republic Act No. 9710, also known as the Magna Carta of Women of 2009. Section 2 of the Act holds that, "the state realizes the equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality." It goes on to state that the realization of this can be achieved through appropriate plans, policies, mechanisms, and so forth, to achieve equality and freedom from sex-based discrimination.

The Republic Act 10354, also known as the Responsible Parenthood and Reproductive Health Act of 2012. Section 2 holds and emphasizes the importance of the equal protection of both the lives of women and the lives of unborn women from conception.

The Magna Carta of Women (Republic Act No. 9710) 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.

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 according 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 decision-making 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 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 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.

Anti-Violence Against Women and Their Children Act of 2004 (Republic Act 9262) - The law defines violence against women and their children as a public crime. It provides for the security of the woman-complainant and her children through the availment of the barangay, temporary or permanent protection orders. It also identifies the duties of barangay officials, law enforces, prosecutors, court personnel, social welfare and health care providers and the LGUs to provide the necessary protection and support of VAWC victims.

The Anti-Violence Against Women and their Children Act of 2004 is in keeping with the fundamental freedoms guaranteed under the constitution, the Universal Declaration of Human Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, Convention on the Rights of the Child, and other international human rights instruments which the Philippines is a party. The forms of VAW addressed are physical, sexual, psychological and economic abuse.

Article 245 of the Revised Penal Code (Republic Act 3815) - The law provides that abuse against chastity is committed by any public officer who shall solicit or make immoral advances to a woman interested in matters pending before such office for decision, or with respect to which he is required to submit a report to or consult with a superior officer; or by any warden or other public officer directly charged with the care and custody of prisoners or persons under arrest who shall solicit or make immoral or indecent advances to a woman under his custody. A penalty of prison correctional in its medium and maximum periods and temporary special disqualification shall be imposed on the offender.

The Inter-Agency Council Against Trafficking in Persons (IACAT), in coordination with other government agencies and non-government organizations and other stakeholders, initiated the formulation of an integrated strategic plan of action against trafficking. The six-year (2004-2010) Strategic Plan of Action Against Trafficking is divided into three major components of interventions; (a) prevention; (b) protection, including law enforcement and prosecution; and (c) repatriation, recovery and reintegration. The Strategic Plan serves as the blue print for action of all government agencies, local government units, NGOs and other sectors in combating trafficking in persons.

. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:

1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

Acts of Violence Against Women and Their Children. - The crime of violence against women and their children is committed through any of the following acts:

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 hann, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman's or her child's movement or conduct:

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;

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

Under this provision, the deprivation or denial of financial support to the child is considered an act of violence against women and children.

2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

3. destroying household property;

4. controlling the victim's own money or properties or solely controlling the conjugal money or properties.

Section 5 (i) of RA 9262, a form of psychological violence, punishes the act of "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." Notably, "psychological violence is an element of violation of Section 5 (i) just like the mental or emotional anguish caused on the victim.

Psychological violence is the means employed by the perpetrator, while mental or emotional anguish is the effect caused to or the damage sustained by the offended party. To establish psychological violence as an element of the crime, it is necessary to show proof of commission of any of the acts enumerated in Section 5 (i) or similar acts. And to establish mental or emotional anguish, it is necessary to present the testimony of the victim as such experiences are personal to this party." Thus, in cases of support, it must be first shown that the accused's denial thereof - which is, by itself, already a form of economic abuse - further caused mental or emotional anguish to the woman-victim and/or to their common child.

Meanwhile, Sec. 1 of Act No. 4103, otherwise known as the Indeterminate Sentence Law (ISL), provides that if the offense is ostensibly punished under a special law, the minimum and maximum prison term of the indeterminate sentence shall not be beyond what the special law prescribed. Be that as it may, the Court had clarified in the landmark ruling of People v. Simon [(G.R. No. 93028, July 29, 1994, 239 SCRA 555)] that the situation is different where although the offense is defined in a special law, the penalty therefor is taken from the technical nomenclature in the RPC. Under such circumstance, the legal effects under the system of penalties native to the Code would also necessarily apply to the special law. Otherwise stated, if the special penal law adopts the nomenclature of the penalties under the RPC, the ascertainment of the indeterminate sentence will be based on the rules applied for those crimes punishable under the RPC.

Under the Family Code, parents are obliged to provide for their children, whether legitimate or illegitimate, support which comprises everything indispensable for sustenance, dwelling, clothing, medical attendance, education and transportation, in keeping with the financial capacity of the family. This obligation to give support is demandable from the time the person who is entitled thereto needs it, and such obligation may be enforced through a civil action for this purpose. (See Articles 194, 195, and 203 of the Family Code.)

Under Section 3 (a) (C) of RA 9262, "'psychological violence' refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs, or to witness pornography in any form or to witness abusive injury to pets or to unlawful or unwanted deprivation of the right to custody and/or visitation of common children."

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

Jurisprudence holds that mental anguish is proven by the testimony of no other person than the victim because it is personal to him. Mental anguish, serious anxiety, wounded feelings and other emotional and mental suffering are proven only by the victim himself/herself taking the witness stand and testifying. (Mahinay v. Velasquez, 464 Phil. 146, 149 [2004]). There must be a clear testimony on the anguish and other forms of mental suffering. Thus, if the plaintiff fails to take the witness stand and testify as to his/her social humiliation, wounded feelings and anxiety, moral damages cannot be awarded. Kierulf v. Court of Appeals,336 Phil. 414, 431-432 (1997).