Reproductive Health, Responsible Parenthood and Population Development Bill

Legislative Advocacy:
Reproductive Health, Responsible Parenthood & Population Development Bill
(taken from www.ncrfw.gov.ph)

National Situation

A quick glance at the national health situation of Filipino women reveals the following information:

* Philippine maternal mortality rate (MMR) remains high at 162 deaths for every 100,000 live births. The National Statistics Office fears that the slow decline in MMR may cause the Philippines to miss its MDG target of bringing down the MMR to 53 by the year 2015. (Family Planning Survey 2006).

* Maternal deaths account for 14% of deaths among women. According to the Commission on Population, ten (10) women die every 24 hours from pregnancy or childbirth-related complications (Popcorn 2000).

* 29 infants of every 1,000 live births die before reaching one year of age; 40 young children die before reaching five years of age. (NSO, NDHS 2003)29 infants of every 1,000 live births die before reaching one year of age; 40 young children die before reaching five years of age. (NSO, NDHS 2003)

* Close birth spacing and high-risk pregnancies have been shown to be closely related to childhood mortality. (NSO, NDHS 2003)

* The Filipino woman's desired number of children is 2.5. However, the actual fertility rate is 3.5 children or a difference of one child. This difference is due mainly to the lack of information on and access to family planning services. (NSO, NDHS 2003)

* Only 49.3% of women use any method of contraception, with the use of the pill as the leading contraceptive method, followed by female sterilization, and the calendar rhythm. Condoms, even though widely distributed, accounted for only 1.9% of the total usage. (NSO-FPS 2005)

* The unmet need for family planning averages 17.3%. Those belonging to the poorest class have the highest unmet need for family planning at 26.7%, consisting of those who want to space their pregnancies (10.9%), and those who want to limit the number of their children (15.8%). The current unmet need for contraceptives is 23.15% for poor women and 13.6% for women who are not poor. (NSO, NDHS 2003)

* The use of modern family planning methods increases with the increase in the level of education of women. (NSO, 2003 NDHS)

* 97% of all Filipinos believe it is important to have the ability to control one's fertility or to plan one's family. It is significant to note that 87% of the total respondents are Roman Catholics. (Pulse Asia Survey, Feb 2004)

Legislative Herstory

* Past government administrations have attempted to address these population and reproductive health concerns. However, their approaches differed and changed, depending on the views of whoever holds the leadership.

* From the 9th to the 11th Congress, Population Development bills have been filed, focusing mainly on controlling population growth. It was only in the 12th Congress that the reproductive health of women figured into the discussions on population development, so that population-related bills filed in the 12th and 13th Congress already considered reproductive health issues.

* At the close of the 13th Congress, the substitute bill HB 3773 or the "Responsible Parenthood and Population Management" bill reached the 2nd Reading.

* As of this writing, four bills pertaining to reproductive health and/or population management have been filed for the 14th Congress in both houses: HB No. 17 authored by Rep. Edcel Lagman, HB No. 812 authored by Rep. Janette Garin, SB No. 40 authored by Sen. Rodolfo Biazon and SB No. 43 authored by Sen. Panfilo Lacson.

Salient Features

The Philippines is duty-bound to implement the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), specifically the UN CEDAW Committee's Concluding Comments, which among others, urges the government to enhance women's access to health care, including reproductive health services, to address high maternal mortality rates, high fertility rates, and inadequate family planning services.

The NCRFW is advocating for a national legislation that addresses the reproductive health needs of women and other population development issues which, among others;

* Upholds and promotes the four pillars of the present government's population policy as enunciated in President Arroyo's statement of support to the International.

Conference on Population and Development in January 2005, namely (1) responsible parenthood, (2) informed choice, (3) birth spacing, and (4) respect for life;

* Recognizes that human resource is a principal asset, hence the needs for effective reproductive health care services to be given primacy and ensure the birth of healthy children and promote responsible parenting;

* Promotes gender equality and women's rights as essential to the fulfillment of reproductive health rights;

* Defines reproductive health as the state of complete physical, mental and social well-being, and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes;

* Provides the framework for implementing the ten elements of a comprehensive reproductive health program as follows: (1) maternal, infant and child health and nutrition, including the promotion of breastfeeding; (2) family planning and information services; (3) adolescent and youth health; (4) prevention of abortion and management of post-abortion complications; (5) prevention and management of reproductive tract infections, HIV/AIDS and other sexually transmittable infections; (6) elimination of violence against women; (7) education and counseling on sexuality and sexual health; (8) treatment of breast and reproductive tract cancers and other gynecological conditions; (9) male involvement and participation in reproductive health; and (10) prevention and treatment of infertility and sexual dysfunction;

* Leaves the number and spacing of children to the sound and informed judgment of couples based on their personal conviction and religious beliefs, while assuring that they are afforded free and full access to relevant, adequate and enlightening information on reproductive health;

* Provides for a mandatory reproductive health and sexuality education, that is medically correct and developmentally appropriate, to be taught by adequately trained teachers;

* Appropriates funds for the initial implementation of the proposed law and mandates Congress to include subsequent appropriations in the General Appropriations Act.

Written by: Honey Castro

A Woman of Substance

All of us, especially during our growing up years, would always have an aunt or an uncle that we look up to. If I were to be asked who among my aunts I admired most, it would be my Tita Normallah, my mom’s first cousin, because of her beauty and the kindness she has always shown me.

When I was about ten years old, she would ask to see the poems that I wrote. That really meant so much to me because making poems was a childhood passion and Tita Normallah really seemed interested in them. I was growing up in Saudi Arabia during those times while she was also with her parents, the late Congressman Sultan Haron al Rashid Lucman and the former Governor Princess Tarhata Alonto, and her other siblings. They moved to the said country to escape the Marcos dictatorial regime. Congressman Lucman and Governor Tarhata were good friends with the late Senator Benigno "Ninoy" Aquino, Jr.

Although we see each other from time to time these days, I actually got to have a heart to heart talk with Tita Normallah a couple of years ago in the Centennial Terminal Two airport when we were both on our way to Cagayan de Oro City from Manila. Unknowingly to us, we were booked on the same flight. I was curious about her this time as an adult and not as a child admiring a grown-up person. I asked her about her childhood years as a politicians’ daughter, her divorce, her political career, and her being a mother to seven children whom she refers to as her “jewels”.

Coming from two of the prominent clans of Lanao del Sur, the Lucmans and the Alontos, I asked her how her childhood years were.

“I’d say mine was more complicated yet grand if you know what I mean,” she said. “Both of my parents were considered royalties and they were both politicians. I was betrothed at a very young age. I went through tough times in living up to the traditions. Of course, times have changed, the culture is still preserved but somehow it is beginning to relate with modernity nowadays. I instill the culture in my kids, but with regards to arranged marriages, I don’t think I will let them go through with that.”

During her childhood years, I asked her what incident stayed in her memory. She said, “It was the time of Jabidah Massacre, I think. There was anger and hatred of the Muslims towards the Marcoses. My parents were Liberal leaders, so you can just imagine how tough these years were for me. So many events took place in our family.”

Tita Normallah was able to attend the Philippine Women University in Manila but her marriage did not allow her to finish her studies. I asked her how a teenager’s life was during the 60s especially that of a Maranao girl like her. She said, “Well, despite the fact that my parents were politicians and were from royal families, I don’t recall having bodyguards and guns to protect us. We knew that the people wouldn’t harm us. My family has always been strict. My brothers and cousins were always around to look after me. Guys of that time couldn’t easily talk to me. Suitors would have to go to my house to court. But of course, I was known for being suplada to men. So I only entertained some of them.”

A royal princess in the Maranao tribe can never escape being engaged to a prince of the same tribe, even if they did not know each other. She got married during her teenage years to a man she did not know at all. How was she as a wife?

“I’d like to believe that I was a good wife. I treated my husband like a king. I was loyal, honest, obedient and sincere to him.”

As the years passed by, fate ended their marriage recently. However, she does believe that there can be successful marital unions if there is true love, compromise, trust and putting GOD at the center of the relationship. But of course, she believes there is no such thing as a perfect marriage.

As a mother, her kids say she has always been a loving one. She tries to be as close to them as she can and attends to their needs. They share secrets with her and she in return gives advices. She confesses she is strict but not hard on them. “My love for my jewels continuously grows and molds me to being a better mother to them,” she said. I asked her if she would be the one to choose her children’s lifetime partners and she replied, “I want them to marry for love. Their spouses should be their choice, but upon my approval. Of course, I want them to marry a Muslim.”

As of the moment, Tita Normallah is a businesswoman, owning a plantation in Lanao del Sur. She became a Provincial Vice Governor of the said province and then a Regional Secretary of the Department of Tourism in the Autonomous Region for Muslim Mindanao.

When did her political career start? “When I was a child,” she narrated, “I promised myself that I would never be a politician like my parents. I felt that they gave more time to other people than to us. But my outlook on politics changed after my dying father asked me to continue the struggle. His death was the birth of my political career. I realized that there was fulfillment in helping and serving our people. I was happy doing exactly what my parents did in the past. Except that this time, my children were still my priority. Being a mother is still my most loved career.”

As a Provincial Vice Governor, Peace and Order was her forte. She was able to settle numerous conflicts within families. Her most unforgettable was when she tried to stop a “rido” (feud/clash) at her father’s hometown, Bayang. There were tanks around and many tried to stop the conflict but she was the one who was able to ask for ceasefire. She had to spend her first New Year away from her kids.

Another achievement she has made was when she succeeded in inviting Dr. Magee of Operation Smile for a medical mission in Lanao del Sur. It was a great success for a lot of children with harelip were operated on.

With everything that she has experienced, from being born to a political family, to having an arranged marriage, to escaping to another country from the Marcos dictatorship, to being a mother, to being a politician and a government official herself, to a businesswoman, she believes that her children’s success would be her greatest achievement in life. “If you are a success in everything except for your children, everything else is meaningless,” she said.

She is a devout Muslim and believes she has attained a close connection with the Supreme Being. She narrates, “He has given me so much but the most precious gift He gave is life. Therefore life should be lived meaningfully and deeply valued because if you truly do, life would indeed be great.”

As I said before, I admired Tita Normallah for her elegant beauty and her genuine concern for people. But now, it is not only for those things that I look up to her. It is her strength, her courage, her resolve, and especially her being a good mother.

A lot of people nowadays are too smitten about worldly and material things such as money, cars, big houses, jewelry, plastic surgery, liposuction, etc. But for Tita Normallah, though she has the family background, the connections, the brains, the looks and the wealth to live a worldly life, she chooses to be a real and a simple person. She is a helpful relative, an obedient daughter, a supportive wife, an excellent mother, and a truly amazing and genuine person.

For me she would always be this special aunt of mine who is an outstanding example of a woman of substance.

Magna Carta of Women Bill

Legislative Advocacy of the National Commission on the Role of Filipino Women:
(taken from www.ncrfw.gov.ph)

National Situation

* The Magna Carta of Women aims to respond to the situation and needs of half of the Philippine population. A quick glance at the situation of Filipino women reveals the following information:

* Population Size. There were 76.5 million Filipinos in May 2000, and estimated to reach 88 million in 2007. 37.9 million or 49.6% of the 2000 total population are females, with 21.6 million women (57% of total females) in their productive and child-bearing age. (NSO 2007)

* Health and Nutrition. The 2003 NDHS revealed that there has only been a 2% increase in the number of women who sought prenatal care from doctors/nurses/midwives, from 85.7% in 1998 to 87.6% in 2003, resulting in high number of at-risk pregnancies and births. Thus, maternal mortality rate remains high at 162 maternal deaths for every 100,000 live births. (DOH 2005) The National Statistics Office revealed in March 2007 that unless health program implementers redouble their efforts, the MDG target of reducing maternal rate to only 53 deaths per 100,000 live births (or a 75% decrease) by 2015 cannot be achieved.

*Infant mortality or the number of infants who die before reaching the age of one registered at 24 per 1,000 live births in 2006, while the number of young children who die before reaching the age of 5 registered at 32 per 1,000 live births, still at a considerable distance from the Millenium Development Goal of 21 deaths per 1,000 live births. (NSO 2006)

* The Filipino woman's desired number of children is 2.5. However, the actual fertility rate is 3.5 children or a difference of one child. This difference is due mainly to the lack of information on and access to family planning services. (NSO, NDHS 2003)

* Only 49.3% of women use any method of contraception, with the use of the pill as the leading contraceptive method, followed by female sterilization, and the calendar rhythm. Condoms, even though widely distributed, accounted for only 1.9% of the total usage. (NSO-FPS 2005)

* The current unmet need for contraceptives is 23.15% for poor women and 13.6% for women who are not poor. The use of modern family planning methods increases with the increase in the level of education of women. (NDHS 2003)

* Education and Training. 55% of the total enrollees 2003-2004 were females. (DepEd,2004)

* The literacy rate of females 10 years old and older is 86.3% compared to 81.9% for males in the same age. (Functional Literacy, Education and Mass Media Survey, 2003)

* More women have been able to finish elementary and secondary schooling in accordance with the required number of years for each level. The elementary completion rate of females was 66.9% while the comparative figure for males was only 57.8%. The secondary education completion rate of females was 63.7% compared to 48.8% for males. (FLEMMS 2003)

* There are considerably more women licensed professionals. From 2000-2003, women accounted for 65% of the total passers in professional board examinations.

* Labor and Employment. Despite women's higher educational attainment, their labor force participation rate is low at 48.8% compared to 79,.1% of males. (NSO 2007)

* Gender tracking in employment continues; women still dominate occupation groups that may be considered as extension of their reproductive roles in the home such as home management and professional services, while men are still largely located in mechanized and heavy industries.

* In October 2004, men account for 60.9% of the officials in government, corporate executives, managers, and managing proprietors and supervisors, compared to 39.1 % for females in the same occupation group. Meanwhile, females dominate the clerks occupation group with 63.1% compared to 36.9% for males. (NSO 2006)

* 56% unpaid family worker are women, while 64% of wage and salary workers and 67% of own account workers are men.

* Overseas Employment. The number of overseas Filipino workers is generally increasing for both sexes.

* There is almost an equal level of participation between women and men. But the context of their participation is very much different. In 2004, women accounted for 51% of the total number of Overseas Filipino Workers (OFW) yet their average monthly cash remittance represents only 57% of the Php 74,267 million average cash remittance of Filipino men. This is because Filipino women are likely to end up in jobs that are low-paying and often unprotected.

* Politics and Governance. Women make up the majority of the government bureaucracy, accounting for 57.6%, but they are mostly in the technical or second level positions and seem unable to break through the glass ceiling. Meanwhile, men are likely to be clerks or managers/executives. Only about 30% of those in third level positions are women. (CSC 2004)

* In 2004, the average proportion of women in key elected posts was no more than 17%.

* There is still a need to broaden the base of women's participation in local governance and political decision-making. Specifically at the sanggunians, women comprise only 15% of councilors compared to men who comprise 85%. (COMELEC: 1992-2001)

* Violence Against Women (VAW). Reported cases to the police increased six-fold, 1,100 in 1996 to 6, 505 in 2005. The highest recorded number of cases peaked in 2001 at 10,345. Atotal of 5,758 VAW cases have been reported to the police in 2006. (PNP 2006)

* The police report shows that physical injury is the most common type of reported VAW case, accounting for 38.86% of the cases, while cases of violence against women in domestic and intimate relationships rank second, accounting for 26.07% of VAW cases. Rape accounts for 16.65% of VAW cases.

Legislative "Herstory"

* The first version of the Magna Carta of Women was filed during the 13th Congress, principally by Rep. Josefina Joson and initially titled 'Magna Carta for Women'. A TWG composed of a number of government agencies and NGOs was formed to enhance the bill.

* In a bid to make the Magna Carta of Women a priority bill of the administration, the NCRFW consulted with Fr. Romeo Intengan regarding the acceptability of the provisions relating to women's health. Revisions were made according to the suggestions of Fr. Intengan which were incorporated in the revisions introduced by the House Committee on Women.

* The substitute bill, HB 5285 reached 2'6 Reading in the House of Representatives, pending debate or interpellation.

* The Study and Action Core Group (SACG) composed of PILIPINA as convenor and other women's NGOs and POs, NCRFW and a number of government representatives from the NCRFW, the Supreme Court, and staffs of legislators, were established initially to study how the CEDAW can be translated into a national legislation. It was on the first meeting of the SACG that the decision to incorporate in the Magna Carta of Women the essential provisions of CEDAW that eliminate discrimination against women and promote women's rights.

* Senator Jamby Madrigal, chair of the Committee on Women called a TWG meeting in the last months of the 13th Congress to discuss the Magna Carta.

* Senator Sergio Osmena filed the Magna Carta for Women Bill near the close of the 13th Congress.

* As of this writing, two Magna Carta of Women bills have been filed in the House of Representatives for the 14th Congress, namely HB 164 authored by Reps. Juan Edgardo Angara and Mary Ann Susano, and HB 797 authored by Rep. Ma. Isabelle Climaco.

Salient Features

The Philippines is duty-bound to implement the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), specifically the UN CEDAW Committee's Concluding Comments, which among others, urges the government to (1) enact a comprehensive legal framework for the promotion of gender equality and women's empowerment, specifically to ensure the Convention's applicability and/or translation into the national legal system, and (2) strengthen the national machinery for the advancement of women and provide it with the authority, decision-making power and human and financial resources necessary to work effectively to promote gender equality. To holistically and effectively address the concerns of women, the NCRFW advocates for a Magna Carta of Women that has the following essential features:

* It recognizes the role of women in nation building and ensures the substantive equality of women and men. It condemns discrimination against women in all its forms and pursues all appropriate means to eliminate discrimination against women, in accordance with the provisions of CEDAW.

* It ensures the fulfillment of the human rights of women provided for in other international treaties and national laws such as (a) protection from violence, (b) participation and representation in all spheres of society, especially policy- and decision-making in private and government entities, (c) equal treatment before the law, (d) equal access to and elimination of discrimination in education, scholarships and training, (e) access to information and services related to women's health, and (f) equal rights in all matters relating to marriage and family relations.

* It recognizes that women from the following groups are marginalized and therefore entitled to special measures to guarantee their social and cultural well�being and accelerate the efforts to attain gender equality: (a) small farmers and rural workers; (b) fishers; (c) urban poor; (d) workers in the formal economy; (e) workers in the informal economy; (f) migrant workers; (g) indigenous peoples; (h) Moro; (i) girl-children; (j) senior citizens; (k) persons with disabilities; (l) lesbians, bisexuals and transgenders; and (m) solo parents.

* It recognizes women's, especially marginalized women's rights to (a) food and resources to food production, (b) housing, (c) livelihood, credit, capital and technology, (d) education and training, (e) participation and representation, (f) information, (g) social protection, (h) recognition and preservation of cultural identity/integrity, (i) peace and development, (j) protection of girl-children, and (k) protection of senior citizens.

* It mandates agencies and other relevant institutions and organizations to adopt gender and development mainstreaming as a strategy to eliminate discrimination in their structures,' systems, policies, programs, processes and procedures and to ensure the effective implementation of this Act.

* It provides for the creation of a gender and development otiibud, which shall among others, investigate or hear administrative complaints involving the possible violations of this proposed Act.

* It provides incentives and awards to deserving entities which exemplify outstanding performance in promoting, fulfilling and upholding the rights of women.

Written by: Grace Bernabe

Phlippine Laws that Affect Women

Taken from www.ncrfw.gov.ph, the website of the National Commission on the Role of the Filipino Women

EMPLOYMENT/ECONOMIC

Commonwealth Act No. 647

"AN ACT TO GRANT MATERNITY LEAVE TO MARRIED WOMEN WHO ARE IN THE SERVICE OF THE GOVERNMENT OR OF ANY OF ITS INSTRUMENTALITIES"
Signed: June 14, 1941

Labor Code of the Philippines - 1997 ed.
(Selected Articles)

Presidential Decree No. 148

"AMENDING FURTHER CERTAIN SECTIONS OF REPUBLIC ACT NUMBERED SIX HUNDRED SEVENTY-NINE AS AMENDED, COMMONLY KNOWN AS THE WOMAN AND CHILD LABOR LAW"
Signed: March 13, 1973


"AN ACT GRANTING MATERNITY LEAVE TO WOMEN IN GOVERNMENT SERVICE UNDER TEMPORARY APPOINTMENTS WHO HAVE RENDERED LESS THAN TWO YEARS OF SERVICE, BY AMENDING COMMONWEALTH ACT NUMBERED SIX HUNDRED AND FORTY-SEVEN AS AMENDED
Signed: June 16, 1956

Republic Act No. 2714

"AN ACT TO ESTABLISH IN THE DEPARTMENT OF LABOR A BUREAU TO BE KNOWN AS WOMEN AND MINORS BUREAU
Signed: June 18, 1960

Republic Act No. 6237

"AN ACT FURTHER AMENDING REPUBLIC ACT NUMBERED SIX HUNDRED SEVENTY-NINE, AS AMENDED BY REPUBLIC ACT NUMBERED ELEVEN HUNDRED THIRTY-ONE (re Woman and Child Labor Law)
Signed: June 19, 1971

Republic Act No. 6657

"AN ACT INSTITUTING A COMPREHENSIVE AGRARIAN REFORM PROGRAM TO PROMOTE SOCIAL JUSTICE AND INDUSTRIALIZATION PROVIDING THE MECHANISM FOR ITS IMPLEMENTATION AND FOR OTHER PURPOSES"
Signed: June 10, 1988

It guarantees and assures equal rights to land ownership, equal share on farm produce and representation in advisory or appropriate decision-making bodies to qualified women.

Republic Act No. 6725

"AN ACT STRENGTHENING THE PROHIBITION ON DISCRIMINATION AGAINST WOMEN WITH RESPECT TO TERMS AND CONDITIONS OF EMPLOYMENT, AMENDING FOR THE PURPOSE ARTICLE ONE HUNDRED THIRTY-FIVE OF THE LABOR CODE, AS AMENDED"
Signed: May 12, 1989

It strengthens the prohibition of discrimination against women in employment, promotion and training opportunities


Republic Act No. 7322

"AN ACT INCREASING MATERNITY BENEFITS IN FAVOR OF WOMEN WORKERS IN THE PRIVATE SECTOR, AMENDING FOR THE PURPOSE SECTION 14-A OF REPUBLIC ACT NO. 1161, AS AMENDED, AND FOR OTHER PURPOSES"
Signed: March 30, 1992

This Act increased maternity benefits of women workers in the private sector from the 45-day to 60-day benefit equivalent.

Guidelines: Social Security System Circular No. 15-V


Republic Act No. 7655

"AN ACT INCREASING THE MINIMUM WAGE OF HOUSEHELPERS, AMENDING FOR THE PURPOSE ARTICLE 143 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED"
Signed: August 19, 1993

It increases the minimum wage of domestic house helpers to P800 and makes social security available to them.

Republic Act No. 7882

"AN ACT PROVIDING ASSISTANCE TO WOMEN ENGAGING IN MICRO AND COTTAGE BUSINESS ENTERPRISES AND FOR OTHER PURPOSES" Signed: February 20, 1995

This provides assistance to women, particularly those who own small businesses and those who have proven themselves to have good track records in their respective businesses in order to fully harness the talents and skills of our female labor force.

Republic Act No. 8042

"AN ACT TO INSTITUTE THE POLICIES OF OVERSEAS EMPLOYMENT AND ESTABLISH A HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINOS IN DISTRESS, AND FOR OTHER PURPOSES"

Also known as: Migrant Workers and Overseas Filipinos Act of 1995
Signed: June 7, 1995

This Act authorizes the granting of small loans to women for the purchase of necessary tools or equipment for the businesses of their choice and provides free technical training under the National Manpower and Youth Council (NMYC), now TESDA.

Republic Act No. 8187

"AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULLPAY TO ALL MARRIED EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES"

Also known as: Paternity Leave Act of 1996
Signed: June 11, 1996

This Act allows every married male employee in the private and public sectors not to work for seven days but continues to earn his compensation on the condition that his legitimate spouse has delivered a child or suffered a miscarriage for purposes of enabling him to effectively lend support to his wife in her period of recovery and/or in the nursing of the newly-born child.

Republic Act No. 8289

"AN ACT TO STRENGTHEN THE PROMOTION AND DEVELOPMENT OF, AND ASSISTANCE TO SMALL AND MEDIUM SCALE ENTERPRISES, AMENDING FOR THAT PURPOSE REPUBLIC ACT NO. 6977, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR SMALL ENTERPRISES" AND FOR OTHER PURPOSES"
Signed: May 6, 1997


Republic Act No. 8425

"AN ACT INSTITUTIONALIZING THE SOCIAL REFORM AND POVERTY ALLEVIATION PROGRAM, CREATING FOR THE PURPOSE THE NATIONAL ANTI-POVERTY COMMISSION, DEFINING ITS POWERS AND FUNCTIONS, AND FOR OTHER PURPOSES"
Also known as: Social Reform and Poverty Alleviation Act
Signed: December 11, 1997

MARRIAGE/FAMILY

Act No. 3753

"LAW ON REGISTRY OF CIVIL STATUS"
Signed: June 22, 1963

Commonwealth Act No. 473

"AN ACT TO PROVIDE FOR THE ACQUISITION OF PHILIPPINE CITIZENSHIP BY NATURALIZATION, AND TO REPEAL ACTS NUMBERED TWENTY-NINE HUNDRED AND TWENTY-SEVEN AND THIRTY-FOUR HUNDRED AND FORTY-EIGHT

Executive Order No. 209

"THE FAMILY CODE OF THE PHILIPPINES"
Signed: July 6, 1987

Presidential Decree No. 1083

A DECREE TO ORDAIN AND PROMULGATE A CODE RECOGNIZING THE SYSTEM OF FILIPINO MUSLIM LAWS, CODIFYING MUSLIM PERSONAL LAWS, AND PROVIDING FOR ITS ADMINISTRATION AND FOR OTHER PURPOSES
Signed: February 4, 1977

Republic Act No. 6809

"AN ACT LOWERING THE AGE OF MAJORITY FROM TWENTY-ONE TO EIGHTEEN YEARS, AMENDING FOR THE PURPOSE EXECUTIVE ORDER NUMBERED TWO HUNDRED NINE, AND FOR OTHER PURPOSES"
Signed: December 13, 1989

This act provides that emancipation shall take place at the age of 18; emancipation shall terminate parental authority over the person and property of the child who shall then be qualified and responsible for all acts of civil life.

Republic Act No. 8171

"AN ACT PROVIDING FOR THE REPATRIATION OF FILIPINO WOMEN WHO HAVE LOST THEIR PHILIPPINE CITIZENSHIP BY MARRIAGE TO ALIENS AND OF NATURAL-BORN FILIPINOS"
Signed: October 23, 1995

POLITICAL

Act No. 4112

"AN ACT TO AMEND SECTION FOUR HUNDRED AND THIRTY-ONE OF THE ADMINISTRATIVE CODE, AS AMENDED, BY GRANTING THE RIGHT OF SUFFRAGE TO THE WOMEN AND MAKING THEM ELIGIBLE TO ALL PUBLIC OFFICES, AND FOR OTHER PURPOSES"
Signed: December 7, 1933

Commonwealth Act No. 625

"AN ACT PROVIDING THE MANNER IN WHICH THE OPTION TO ELECT PHILIPPINE CITIZENSHIP SHALL BE DECLARED BY A PERSON WHOSE MOTHER IS A FILIPINO CITIZEN"
Signed: June 7, 1941

Republic Act No. 180

"THE REVISED ELECTION CODE"
Signed: June 21, 1947

Republic Act No. 7160

"AN ACT PROVIDING FOR A LOCAL GOVERNMENT CODE OF 1991"
Also known as: Local Government Code (LGC)
Amended: 1991

The Local Government Code has been amended to provide seats for women in all of the 1,600 local legislative assemblies nationwide.

Republic Act No. 7941

"AN ACT PROVIDING FOR THE ELECTION OF PARTY-LIST REPRESENTATIVES THROUGH THE PARTY-LIST SYSTEM, AND APPROPRIATING FUNDS THEREFOR"

Also known as: "Party-List System Act"
Signed: March 3, 1995

Provides for the election of party-list representatives through the party-list system and the inclusion of women in the sectoral party list.

HEALTH AND SOCIAL WELFARE

Republic Act No. 6972

"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"

Also known as: Barangay-Level Total Development and Protection of Children Act
Signed: November 23, 1990

R.A. 6972 establishes day care centers in every barangay to free women for other activities such as taking a job or going back to school.

Guidelines:

*

Department Circular No. 06, Series of 1991
"Implementing Guidelines for Republic Act 6972"
*

Administrative Order No. 241, Series of 1993
"Guidelines in the Establishment Day Care Centers in Government and Private/Industrial Offices"

Republic Act No. 7305

"THE MAGNA CARTA OF PUBLIC HEALTH WORKERS"
Signed: March 26, 1992

Grants additional benefits to public health workers, majority of who are women. It also allows public health worker couples to be employed or assigned in the same municipality, thereby ensuring that married female public health workers would not have to choose between family and career.

Republic Act No. 7600

"AN ACT PROVIDING INCENTIVES TO ALL GOVERNMENT AND PRIVATE HEALTH INSTITUTIONS WITH ROOMING-IN AND BREASTFEEDING PRACTICES AND FOR OTHER PURPOSES"

Also known as: The Rooming-in and Breastfeeding Act of 1992 Signed: 1992

This provides an environment where basic physical, emotional, and psychological needs of mothers and infants immediately after birth are fulfilled through the practice of rooming-in and breastfeeding.

Republic Act No. 7688

"AN ACT GIVING REPRESENTATION TO WOMEN IN THE SOCIAL SECURITY COMMISSION, AMENDING FOR THE PURPOSE SECTION 3(A) OF REPUBLIC ACT NO. 1161, AS AMENDED"
Signed: March 03, 1994

This gives representation to women in the Social Security Commission.

Republic Act No. 7875

"AN ACT INSTITUTING A NATIONAL HEALTH INSURANCE PROGRAM FOR ALL FILIPINOS AND ESTABLISHING THE PHILIPPINE HEALTH INSURANCE CORPORATION FOR THE PURPOSE"
Signed: February 14, 1995

The NHI Law establishes the Philippine Health Insurance Corporation (PhilHealth) and also aims to improve the implementation and coverage of the old Medicare program by including the self-employed and the poor who cannot otherwise avail of health insurance. This law sets priority for the needs of the underprivileged, sick, elderly, disabled, women, and children.

Republic Act No. 7883

"AN ACT GRANTING BENEFITS AND INCENTIVES TO ACCREDITED BARANGAY HEALTH WORKERS AND FOR OTHER PURPOSES"

Also known as: "Barangay Health Workers’ Benefits and Incentives Act of 1995"
Signed: February 20, 1995

Republic Act No. 7884

"AN ACT CREATING THE NATIONAL DAIRY AUTHORITY TO ACCELERATE THE DEVELOPMENT OF THE DAIRY INDUSTRY IN THE PHILIPPINES, PROVIDING FOR A DAIRY DEVELOPMENT FUND, AND FOR OTHER PURPOSES"

Also known as: "National Dairy Development Act of 1995"
Signed: February 20, 1995

Encourages the participation of women’s groups in dairy and dairy-related projects including dairy animal health care, village nutrition schemes, community-based processing and marketing of milk and dairy products.

Republic Act No. 8044

"AN ACT CREATING THE NATIONAL YOUTH COMMISSION, ESTABLISHING A NATIONAL COMPREHENSIVE AND COORDINATED PROGRAM ON YOUTH DEVELOPMENT, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES"

Also known as: Youth in Nation-Building Act"
Signed: June 07, 1995

An Act creating the National Youth Commission, a body tasked to plan, oversee and implement a national integrated youth plan, a component of which is the development of the Medium-Term Philippine Youth Development Plan, a companion to the national development plan.

Republic Act No. 8505

"AN ACT PROVIDING ASSISTANCE AND PROTECTION FOR RAPE VICTIMS, ESTABLISHING FOR THE PURPOSE A RAPE CRISIS CENTER IN EVERY PROVINCE AND CITY, AUTHORIZING THE APPROPRIATION OF FUNDS THEREFOR, AND FOR OTHER PURPOSES"
Also known as: Rape Victim Assistance and Protection Act of 1998-03-24
Signed: February 13, 1998

EDUCATION

Republic Act No. 6655

"AN ACT ESTABLISHING AND PROVIDING FOR A FREE PUBLIC SECONDARY EDUCATION"
Also known as: Free Public Secondary Education Act of 1988
Signed: May 26, 1988

Republic Act No. 7077

"AN ACT PROVIDING FOR THE DEVELOPMENT, ADMINISTRATION, ORGANIZATION, TRAINING, MAINTENANCE AND UTILIZATION OF THE CITIZEN ARMED FORCE OF THE ARMED FORCES OF THE PHILIPPINES AND FOR OTHER PURPOSES"

Also known as: "Citizen Armed Force or Armed Forces of the Philippines Reservist Act"
Signed: June 27, 1991

Republic Act No. 7323

"AN ACT TO HELP POOR BUT DESERVING STUDENTS PURSUE THEIR EDUCATION BY ENCOURAGING THEIR EMPLOYMENT DURING SUMMER AND/OR CHRISTMAS VACATIONS, THROUGH INCENTIVES GRANTED TO EMPLOYEES, ALLOWING THEM TO PAY ONLY SIXTY PER CENTUM OF THEIR SALARIES OR WAGES AND THE FORTY PER CENTUM THROUGH EDUCATION VOUCHERS TO BE PAID BY THE GOVERNMENT, PROHIBITING AND PENALIZING THE FILING OF FRAUDULENT OR FICTITIOUS CLAIMS, AND FOR OTHER PURPOSES"
Signed: March 30, 1992

Republic Act No. 7796

"AN ACT CREATING THE TECHNICAL EDUCATION AND SKILLS DEVELOPMENT AUTHORITY, PROVIDING FOR ITS POWERS, STRUCTURE AND FOR OTHER PURPOSES"

Also known as: Technical Education and Skills Development Act of 1994 or the "TESDA Act of 1994"
Signed: August 23, 1994

This Act provides technical education and skills development opportunities to the development of high-quality Filipino middle-level manpower with the active participation of the private enterprises (e.g. those in the production, manufacturing, processing, repacking or assembly of goods).

Guidelines:

*

Rules and Regulations Implementing the TESDA Act of 1994

Republic Act No. 7836

"AN ACT TO STRENGTHEN THE REGULATION AND SUPERVISION OF THE PRACTICE OF TEACHING IN THE PHILIPPINES AND PRESCRIBING A LICENSURE EXAMINATION FOR TEACHERS AND FOR OTHER PURPOSES"

Also known as: Philippine Teachers Professionalization Act of 1994
Signed: December 16, 1994

CRIMINAL

Republic Act No. 1224

"AN ACT AMENDING SECTION ONE OF REPUBLIC ACT NUMBERED NINE HUNDRED THIRTY-EIGHT, AS AMENDED"

Republic Act No. 6955

"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"
Signed: June 13, 1990

Bans marriage matching for a fee as well as exportation of domestic workers to certain countries which cannot ensure the protection of their rights. Fiances of foreign nationals are required to attend guidance and counseling sessions through a Department of Foreign Affairs order so as to minimize inter-racial marital problems.

Republic Act No. 7309

"AN ACT CREATING A BOARD OF CLAIMS UNDER THE DEPARTMENT OF JUSTICE FOR VICTIMS OF UNJUST IMPRISONMENT OR DETENTION AND VICTIMS OF VIOLENT CRIMES, AND FOR OTHER PURPOSES"
Signed: March 30, 1992

Guidelines:

*

Implementing Rules and Regulations

Republic Act No. 7659

"AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THE PURPOSE THE REVISED PENAL CODE, AS AMENDED, OTHER SPECIAL LAWS, AND FOR OTHER PURPOSES"
Signed: December 13, 1993.

Republic Act No. 7877

"AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUCATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES"

Also known as: Anti-Sexual Harassment Act of 1995
Signed: February 14, 1995

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 workers, employees and those seeking employment. It declares that all forms of work-related sexual harassment in the employment environment are unlawful.

Guidelines:

*

Civil Service Commission MC No. 19, S. of 1994
"POLICY ON SEXUAL HARASSMENT IN THE WORKPLACE"
*

Civil Service Commission Resolution No. 956161
"RULES AND REGULATIONS PRESCRIBING PROCEDURES FOR THE RESOLUTION, SETTLEMENT OR PROSECUTION AND ADJUDICATION OF SEXUAL HARASSMENT CASES"
*

Department of Labor and Employment Administrative Order No. 68
"AMENDING ADMINISTRATIVE ORDER NO. 80 "POLICY AGAINST SEXUAL HARASSMENT"

Republic Act No. 8353

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

Also known as: The Anti-Rape Law of 1997
Signed: September 30, 1997

Republic Act No. 8369

"AN ACT ESTABLISHING FAMILY COURTS, GRANTING THEM EXCLUSIVE ORIGINAL JURISDICTION OVER CHILD AND FAMILY CASES, AMENDING BATAS PAMBANSA BILANG 129, AS AMENDED, OTHERWISE KNOWN AS THE JUDICIARY REORGANIZATION ACT OF 1980, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES"

Also known as: Family Courts Act of 1997
Signed: October 28, 1997

GIRL CHILD

Presidential Decree No. 603

"THE CHILD AND YOUTH WELFARE CODE"
Signed: August 15, 1977

Republic Act No. 7610

"AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND DISCRIMINATION, PROVIDING PENALTIES FOR ITS VIOLATION, AND FOR OTHER PURPOSES"

Also known as: Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act
Signed: June 17, 1992

It declares to be the policy of the State to provide special protection to children from all forms of abuse, neglect, cruelty, exploitation and discrimination, and other conditions prejudicial to their development; provide sanctions for their commission and carry out a program for prevention and deterrence of and crisis intervention in situations of child abuse, exploitation and discrimination

Republic Act No. 7658

"AN ACT PROHIBITING THE EMPLOYMENT OF CHILDREN BELOW 15 YEARS OF AGE IN PUBLIC AND PRIVATE UNDERTAKINGS, AMENDING FOR ITS PURPOSE SECTION 12, ARTICLE VIII OF R.A. 7610"
Signed: November 9, 1993

Guideline:

*

Department of Labor and Employment Department Order No. 18
"Rules and Regulations Implementing RA 7658"

Republic Act No. 8296

"AN ACT DECLARING EVERY SECOND SUNDAY OF DECEMBER AS THE NATIONAL CHILDREN’S BROADCASTING DAY"
Signed: June 6, 1997

Republic Act No. 8370

"CHILDREN’S TELEVISION ACT OF 1997"

Also known as: Children’s Television Act of 1997
Signed: October 28, 1997

GENERAL PURPOSES

THE CIVIL CODE OF THE PHILIPPINES (1996 Rev. Ed.)

1987 CONSTITUTION

Presidential Decree No. 633

"CREATING A NATIONAL COMMISSION ON THE ROLE OF FILIPINO WOMEN"

Republic Act No. 6949

"AN ACT TO DECLARE MARCH EIGHT OF EVERY YEAR AS A WORKING SPECIAL HOLIDAY TO BE KNOWN AS NATIONAL WOMEN’S DAY"
Signed: April 10, 1990

It directs all heads of government agencies and employers in the private sector to encourage and afford sufficient time and opportunities for their employees to engage and participate in any activity to celebrate National Women’s Day.

Republic Act No. 7192

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

Also known also: Women in Development and Nation Building Act
Signed: December 11, 1991

This provides equal opportunities for women in all military schools of the Armed Forces and the Philippine National Police. 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. Moreover, it ensures that a substantial portion of foreign assistance funds be allocated to support programs for women.

Guideline:

*

"Implementing Rules and Regulations (IRR) for Sections 2, 3, and 4 of RA 7192

Republic Act No. 7277

"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"

Republic Act No. 7432

"AN ACT TO MAXIMIZE THE CONTRIBUTION OF SENIOR CITIZENS TO NATION BUILDING, GRANT BENEFITS AND SPECIAL PRIVILEGES AND FOR OTHER PURPOSES"
Signed: April 23, 1992

Republic Act No. 8250

"AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY ONE, NINETEEN HUNDRED NINETY SEVEN, AND FOR OTHER PURPOSES"

Also known as: "General Appropriations Act of 1997"
Signed: February 12, 1997

Republic Act No. 8371

"AN ACT TO RECOGNIZE, PROTECT AND PROMOTE THE RIGHTS OF INDIGENOUS CULTURAL COMMUNITIES/ INDIGENOUS PEOPLES, CREATING A NATIONAL COMMISSION ON INDIGENOUS PEOPLES, ESTABLISHING IMPLEMENTING MECHANISMS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES"

Also known as: The Indigenous Peoples Rights Act of 1997
Signed: October 29, 1997

Republic Act No. 8522

"AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY ONE, NINETEEN HUNDRED NINETY EIGHT, AND FOR OTHER PURPOSES"

Also known as: "General Appropriations Act of 1998"
Signed: February 14, 1998

Guideline:

*

Department of Budget and Management, National Economic and Development Authority, National Commission on the Role of Filipino Women - Joint Circular No. 01-98 (6 March 1998) - "Guidelines to Implement Policies on Budgeting for Gender and Development (GAD)"

EXECUTIVE ORDERS

GENERAL

Executive Order No. 51

"ADOPTING A NATIONAL CODE OF MARKETING OF BREASTMILK SUBSTITUTES, BREASTMILK SUPPLEMENTS AND RELATED PRODUCTS, PENALIZING VIOLATIONS THEREOF, AND FOR OTHER PURPOSES"

Executive Order No. 231

"CREATING THE PRESIDENTIAL FACT-FINDING AND POLICY ADVISORY COMMISSION ON THE PROTECTION OF OVERSEAS FILIPINOS"
Signed: March 20, 1995

Executive Order No. 329

"DESIGNATING THE NATIONAL COUNCIL OF WOMEN OF THE PHILIPPINES (NCWP) AS ONE OF THE LEAD MONITORING ARM OF NON-GOVERNMENTAL ORGANIZATIONS (NGOS) FOR THE EFFECTIVE IMPLEMENTATION OF THE GLOBAL PLATFORM FOR ACTION AND THE PHILIPPINE PLAN FOR GENDER-RESPONSIVE DEVELOPMENT IN THE NGO AND PRIVATE SECTOR"
Signed: May 7, 1996

Executive Order No. 368

"AMENDING EXECUTIVE ORDER 356 DATED 12 AUGUST 1996 WHICH PROVIDES FOR THE IMPLEMENTING GUIDELINES ON THE INSTITUTIONAL ARRANGEMENTS TO FAST-TRACK SRA LOCALIZATION, TO INCLUDE THE NATIONAL COUNCIL ON THE ROLE OF FILIPINO WOMEN IN THE MEMBERSHIP OF THE SOCIAL REFORM COUNCIL"
Signed: September 5, 1996

Executive Order No. 443

"PROVIDING FOR THE ADOPTION OF THE COMPREHENSIVE AND INTEGRATED DELIVERY OF SOCIAL SERVICES AS THE NATIONAL DELIVERY MECHANISM FOR THE MINIMUM BASIC NEEDS (MBN)
Signed: September 24, 1997

NCRFW

Executive Order No. 208

"FURTHER DEFINING THE COMPOSITION, POWERS AND FUNCTIONS OF THE NATIONAL COMMISSION ON THE ROLE OF FILIPINO WOMEN"
Signed: October 10, 1994

Executive Order No. 268

"AMENDING EXECUTIVE ORDER NO. 208 (S. 1995) ENTITLED "FURTHER DEFINING THE COMPOSITION, POWERS AND FUNCTIONS OF THE NATIONAL COMMISSION ON THE ROLE OF FILIPINO WOMEN"
Signed: August 4, 1995

PDPW/PPGD

Executive Order No. 273

"APPROVING AND ADOPTING THE PHILIPPINE PLAN FOR GENDER-RESPONSIVE DEVELOPMENT, 1995 TO 2025"
Signed: September 8, 1995

Executive Order No. 348

"APPROVING AND ADOPTING THE PHILIPPINE DEVELOPMENT PLAN FOR WOMEN FOR 1992"
Signed: February 17, 1989

Guideline:

*

NCRFW Memorandum Order No. 89-1
"Implementing Guidelines for the Philippine Development Plan for Women (PDPW)"

PROCLAMATIONS

Proclamation No. 731

"DECLARING THE SECOND WEEK OF FEBRUARY OF EVERY YEAR AS "NATIONAL AWARENESS WEEK FOR THE PREVENTION OF CHILD SEXUAL ABUSE AND EXPLOITATION"
Signed: February 5, 1996

Proclamation No. 759

"DECLARING THE FOURTH WEEK OF MARCH 1996 AS "PROTECTION AND GENDER-FAIR TREATMENT OF THE GIRL CHILD WEEK"
Signed: March 6, 1996

Proclamation No. 847

"DECLARING EVERY 4TH SUNDAY OF SEPTEMBER AS FAMILY THANKSGIVING DAY"
Signed: August 12, 1996

Proclamation No. 976

"DECLARING THE PERIOD JANUARY TO DECEMBER 1997 AS THE ANTI-MIGRANT TRAFFICKING YEAR"
Signed: February 25, 1997

Proclamation No. 1105

"DECLARING OCTOBER 15, 1997, AND OF EVERY YEAR THEREAFTER, AS "NATIONAL RURAL WOMEN’S DAY"
Signed: October 10, 1997

Islam on Reproductive Health

When I learned that I was pregnant with my 2nd baby, Hussein, my 1st son, CJ, was at that time only nine months old. I was actually worried about plenty of things such as a baby who still needed all the attention I could give, morning sickness, pregnancy cramps, labor pains ( this really makes you want to literally kill the doctors and nurses who are having a typically normal conversation while they are watching over you in the delivery room), and the expenses another kid would bring at these financially difficult times. The thought of abortion somehow crept into my mind but knowing infanticide is an unforgivable grave sin in Islam and in other religions, that it would torture a woman in this life and in the next, and is completely against the laws of the country, I erased the thought completely. I knew also that the Holy Qur’an states Allah the Almighty has already provided for a baby the minute he or she is conceived. We just have to have faith in Him.

When the baby was born into the world, I was so glad that I did put my trust in God. Hussein turned out to be such a blessing to our family. And we did not have that much difficulty in raising the two kids. Somehow, we were able to provide the best to the both of them.

One of our countless projects of our office, the National Youth Commission, in partnership with the United Nations Population Fund (UNFPA) and the Commission on Population, is on Adolescent Reproductive Health (ARH). Although I’ve attended a few Reproductive Health (RH) seminars, it was only through this new project of our office that I understood RH in its truest sense. I was sent to a Trainers’ Training along with selected office mates of mine and our job was to go to identified municipalities nationwide and give information on ARH to youth leaders and Sangunniang Kabataan (SK) officers and members of those areas.

Because I was from Lanao del Sur, I was targeted to team-lead the training leg for the said province which made me worriedly exclaim, “Uh oh!” Knowing that RH was such a controversial topic and scorned by conservative religions, I did not know how I would explain this to my fellow Muslims, especially those who were so religious. If the Catholic Church was so much against RH, how much more the Muslims?

I voiced my fears to my office mate, Eddie Cuaresma, and he advised me to first know the sentiments of Muslim leaders and medical practitioners about RH before I tread on unsure territory. So, I prepared myself to interview key personnel who would help me with my dilemma.

I asked first employees from the Commission on Population how they inform Muslims about Family Planning. Ate Odette, a Christian from the PopCom central office said, “The Muslims approve of Reproductive Health. Actually, they came out with the Fatwah.” “The fat whom?” I asked, terribly ignorant of the Arabic word, Fatwah. “Fatwah means Official Ruling,” she said. “Muslims already have an official ruling on Reproductive Health.” (Imagine how red my face became, beet-red actually, after being informed by a Christian of an Arabic word!) Wanting to make sure if what Ate Odette said were true,I decided to scout and ask Muslims this time.

One day, at the SM City Shopping Mall in Cagayan de Oro, I saw my uncle, Councilor Abdani Alonto and his colleague, Councilor Railani Raki-in, having a cup of coffee. I intruded on their conversation and told them of my problem, that I was to discuss with some Muslim youth of Lanao del Sur about RH and yet, I am not at all sure if RH was Islamic or not. I envisioned with fear the participants either throwing tomatoes at me or walking out from the seminar room if they ask me to provide verses from the Qur’an about the acceptance of RH in Islam and I would have none to quote. Councilor Raki-in said his wife, Dr. Pinky Raki-in, is an employee of the Department of Health and was involved in such projects before. “Well, at least another Muslim was supporting the idea,” I thought to myself. Luckily, Dr. Raki-in arrived and told me that there is already the Fatwah. “There goes that word again,” I thought. My mission was then clear to me: I had to get hold of this Fatwah. Unfortunately, Dr. Raki—in did not bring with her a copy since she went to SM for other reasons and obviously, Reproductive Health was NOT one of them.

Arthur Ramas, a youth volunteer of our office, and formerly the National Youth Representative of the Family Planning of the Philippines (FPOP), heard of my problem. “I have a copy of the Fatwah, would you need it?” he asked. I was astonished because another non-Muslim knew about Fatwah and even had a copy of it! This is getting more embarrassing by the minute, I thought. The following day, he gave me a thin pamphlet entitled, Fatwah (Official Ruling) on Reproductive Health
and Family Planning by the Assembly of Darul-Iftah.

Reading the pamphlet, I found out that the Assembly of Darul-Iftah was a group of known Muslim leaders and scholars in the Philippines who made a series of dialogues regarding reproductive health. They were very much worried because according to statistics, in the Philippines, “ten women die everyday from cases related to pregnancy and childbirth.” According to the 1998 National Demographic and Health Survey, “maternal mortality ratio (MMR) is found highest in the Autonomous Region of Muslim Mindanao (ARMM) and Northern Mindanao at 200-300 maternal deaths per 100,000 live births. Infant mortality rate in ARMM is also very high at 55 deaths per 1,000 live births compared to the national rate of 35 deaths per 1,000 live births.”

Based on these findings, the Assembly agreed they had to help solve this problem affecting Muslim women and one way of doing this is to study the definition of Reproductive Health and then make a stand. They found out that RH recognizes that people have the capability to reproduce, the right to decide fully and responsibly the number and spacing of their children, the right to understand and enjoy their own sexuality within the legal frame of marriage, are entitled to have a satisfying and safe sex life (with the legitimate spouse surely!), and have the right to remain free of disease or death associated with their sexuality and reproduction. In this definition, they did not find anything objectionable and that nothing about this was un-Islamic. In fact, during the time of the Messenger of Allah, Prophet Muhammad (peace be upon him), Azl ( withdrawal or coitus interruptus) was practiced by his followers and when news of this reached him, he did not forbid them and encouraged them to continue doing this if they still do not want to have babies. He even advised lactating mothers to breastfeed their babies for two years since this is good for the baby and according to him was an effective natural family planning method. Prophet Muhammad started the "Breastfeeding is still best for babies up to two years" campaign,and definitely not the infant formula makers.

I also learned that the Fatwah does not define Family Planning as abortion or birth control but it actually refers to birth or child spacing and that it should be a couple’s decision. According to the assembly, all methods of contraception are allowed as long as they are safe, legal, in accordance with the Shariah (Islamic law), and approved by a credible physician preferably a Muslim for the benefit of both the mother and the child. “The permissibility of family planning is for the welfare of the mother and the child and for the couple to raise saleh (goodly) children who are pious, healthy, educated, useful and well-behaved citizens,” they stated.

Abortion, is a big NO as in other religions. The Qur’an sates: And kill not your children for fear of want, We provide sustenance for them and for you, the killing of them is a great sin. (17:31)

The Assembly upholds Islam as a religion of quality and has encouraged its people to increase and populate the earth with the provision that their quality should not be compromised as implied by the Qur’an. Islam is a religion of ease as declared by the Almighty Allah when He said, “And He has not laid upon you in religion any hardship.” (22:78). Equipped with this verse, on the 22nd of November 2003 at Davao City, the Assembly then ruled unanimously “that reproductive health and family planning, as practiced under valid reasons and recognized necessities, are in accordance with the teachings of Islam.”

So RH can be practiced by Muslims but are all of them aware of this and do they practice family planning? Well, not all of them are knowledgeable of the Fatwah on RH but there are those who plan the number of children they have based on practicality brought about by the financial crisis we are currently facing.

Rosslaini Sinarimbo and Sandee Balindong are both working Muslim mothers. Ross works with the Department of Trade and Industry ARMM region in Cotabato City and Sandee at the Commission on Audit for Region 10 in Cagayan de Oro City. Both are practicing family planning methods. Ross has been using the injectable type for a year now while Sandee has been taking pills since 1998.

I asked them both why is it necessary to family plan these days. Ross said, “I would like to break the culture of dependency that exists in our society. For a poor country like ours, to have an average household member of six, you cannot imagine how they make both ends meet. But of course, some basic needs are sacrificed or at least, the quality. It is also very common that the responsibility of the parents in providing for the family is extended usually to the eldest child. In many cases that responsibility is also coupled with taking care and providing for the needs of the parents when they get old. So the eldest child is caught between his responsibility to his parents and siblings, and to his own wife and children. The cycle of dependency continues. In Islam, it is the responsibility of the parents to provide for their children and not the other way around. That is why we need to plan our family and also plan for our retirement age.”

Sandee said, “I take the pill primarily for health reasons. My three pregnancies have been performed through caesarian section therefore it is necessary to practice child spacing. Life is also very financially constraining these days. We have to plan for our kids’ future also. It is so difficult having babies yearly.”

As for me, yes, I do believe we need to have birth spacing for three purposes. First for practicality especially in this time of world economic crisis.

Second, for health reasons. Science says it would take two to three years for a woman’s reproductive organs to completely heal after a pregnancy. And for the women who give birth every year, I am not saying what you are doing is a mistake. In fact, I salute you for it is physically and mentally draining conceiving and raising kids and yet, you are able to do so. (Well, our children do have this power to erase all our worries and tiredness at the end of a long and difficult day.) It is actually a choice for one to plan the number of children but what is important is that we are informed of its consequences.

The third reason is, the lesser number of children, we have, the more we would be able to give them the good quality of life they deserve.

It is still up to a couple to plan the number of kids they would like to have. The important thing is in the end,they are contented with their decisions and these decisions would able to produce happy, healthy and harmonious children.

This piece is for the most beautiful creatures ever created, to the children of the world, especially my beautiful sons. With God as my witness, you occupy my mind every minute of the day and you guys will forever have my unconditional love and care.

The Beauty Behind the Veil

By Salma Jayne A. Tamano

I consider myself more of a spiritual Muslim rather than a religious one. This is because I believe I have attained a connection with God, through the five daily prayers prescribed by Islam, and especially through the little conversations I have with Him throughout the day. I tell Him of my problems, my dreams, my thoughts. These conversations brought me much closer to Him and I believe I have gained a personal relationship with him.

When I speak of spirituality to a fellow Muslim, he/she would sarcastically point out to me, “If you’re so connected with Allah, why are you not even wearing the Hijab (veil/scarf)?” To this, I absolutely clam up because I feel I do not owe anyone an explanation. It’s only God I should be answerable to.

I used to wear the veil when I lived in Saudi Arabia and Marawi City. But I stopped wearing the Hijab when I moved to Cagayan de Oro City about seven years ago. My reasons were the following: 1) It is so hot in Cagayan de Oro and wearing the veil makes me feel itchy (the most stupid reason I ever came up with), and 2) Many people of the non-Islamic faith would give me the stares when I cover my head, making me so uncomfortable, as if I were an alien of some sort. Guess how Muslims like me felt when Erap Estrada declared an all-out war against the Muslim rebels and then 9/11 happened after that? There was a silent hatred against us and many already came to the conclusion that most of us are terrorists and war freaks. So anyway, those were my reasons. Very petty, I know, but in time, I would wear the Hijab again, when my heart and mind are both willing to do so.

Friends would ask me, why do we Muslim women wear a veil? Being curious and sometimes hungry for information, I went to the internet and started my research. And then did I suddenly realize the reason behind the veil…

The Hijab does not only refer to the veil but the entire dress code of a Muslim woman. We are instructed to wear loose clothes that cover the whole of our bodies with the exception of our faces and hands. Prophet Muhammad (peace be upon him), the Messenger of Allah, was quoted as saying, “If the woman reaches the age of puberty, no part of her body should be seen but this.” And he pointed to his face and hands.

There are, however, Arab women in Saudi Arabia who cover even their faces and when I asked a classmate of mine why she does that, she answered, “There’s too much sand storm here in Riyadh. It’s actually protection from that. It hurts to get sand in your eyes, nose and mouth.” How right you are, sweetheart. It happened to me once and I tell you, I got scared of sand storms after that.
In wearing the Hijab, it should also be accompanied with a certain attitude. The Muslim woman should conduct herself with dignity and good morals. The cover makes her constantly aware of her behavior. If a covered woman however is flirting with men, she is considered by God as naked. Actually, a woman not wearing the Hijab but has self-respect and modesty in her character and attitude is more beautiful in His sight.

Muslim women should bear in mind that the reason for wearing a veil and loose clothes is to please only God and not to please other people. I know a lot of Muslim women who wear the Hijab so as to gain the respect and approval of the society. It is not really in their hearts to cover themselves. I say this because when they are in a Christian place, their clothing is replaced by tight jeans and short-sleeved shirts, their hair exposed for everybody to see.
My research also led me to something very interesting. Jewish and Christian women are also instructed to cover their heads. Ancient Rabbis said, “It is not like the daughters of Israel to walk but with heads uncovered. Cursed be the man who lets the hair of his wife be seen…a woman who exposes her hair for self-adornment brings poverty!”

In the New Testament, I Corinthians 11:9 state:
I praise you for remembering me in everything and for holding to the teachings, just as I passed them on to you. Now I want you to realize that the head of every man is Christ, and the head of the woman is man, and the head of Christ is God. Every man who prays or prophesies with his head covered dishonors his head. And every woman who prays or prophesies with her head uncovered dishonors her head—it is just as though her head were shaved. If a woman does not cover her head, she should have her hair cut off; and if it is a disgrace for a woman to have her hair cut or shaved off, she should cover her head. A man ought not to cover his head, since he is the image and glory of God; but the woman is the glory of man. For man did not come from woman, but woman from man; neither was man created for woman, but woman for man.

The Holy Qur’an states in Chapter 24, verses 30-31:
"Say to the believing men that they should lower their gaze and guard their modesty...And say to the believing women that they should lower their gaze and guard their modesty; that they should not display their beauty and adornments except what (must ordinarily) appear thereof; that they should draw their veils over their bosoms and not display their beauty except to their husbands, their fathers…”

And in Chapter 33, verse 59:
"O Prophet! Tell thy wives and daughters, and the believing women, that they should cast their outer garments over their persons...that they should be known and not molested.”

In these holy sayings, it can be determined that the Jewish women are ordered to wear the veil because it symbolizes luxury and nobility. For them, wearing the veil is a sign of dignity and aristocracy. As for the Christian women, they are to wear the veil as a sign of man’s authority over women. It is a sign of men’s dominance over them. As for Muslim women, Allah the Almighty ordered them to be covered simply for purposes of modesty so that they would be protected from molestation. Allah the Almighty is just so concerned with protecting the bodies and reputation of women that He even stated in the Holy Qur’an that those males who falsely charge a woman of unchastity will harshly pay for their accusations.
Women do need protection these days. Statistics state that in America, a woman is raped every two minutes. In South Africa, a woman is raped every twenty seconds. In India, a woman is raped every thirty-four minutes and molested every twenty-six minutes. The Council of Europe states that nine out of ten rapes go unreported.
Another good thing about wearing the Hijab is for scientific reasons. The big hole in the ozone layer can cause skin cancer. According to www.70south.com:
The ozone layer protects humans and animals from the harmful UV-B rays of the sun. When this protective layer is reduced, it has dramatic consequences on life. The metabolism of plants is affected, which means a slower photosynthesis. The ultraviolet radiation destroys micro-organisms, which play an important role in the food chain. E.g. When the amount of phytoplankton decreases in the Antarctic ocean, it has also dramatic consequences for mammals such as whales and seals as well as penguins higher up the food chain. Humans are affected most directly by increased chances of skin cancer.

Through the Hijab, we can actually decrease our chances of acquiring skin cancer. According to www.themodernreligion.com, an advice currently being given by the United States Department of Health And Human Services (HHS) and the Centers for Disease Control and Prevention is to wear covering, so as not to be exposed to skin cancer. The said web site declares,

“These centers have sponsored a campaign called ‘Choose Your Cover’, encouraging people to protect themselves from skin cancer. One of the recommended methods is wearing clothing that covers skin and protects against the sun's UV rays. The campaign’s section on clothing notes that ‘a long-sleeved shirt and long pants with a thick weave provide the best protection.’”
The Hijab therefore is actually protection from physical harm caused by man in the form of rape and/or molestation, and by nature in the form of sand storms and skin cancer. The Hijab is also a statement by a woman as if she is saying, I am to be respected. A friend of mine named Naira Moner always wears the Hijab. She said one of her reasons is that it covers her true beauty from spectators. She believes her true beauty should only be seen by her future husband in the comfort of their bedroom.

As ordered by God, it is only a woman’s husband who has the right to see her uncovered. “Wouldn’t your first night together as husband and wife be pretty exciting for the both of you when you stand up in front of him and he can see the real you for the first time?” Naira said. “If he loved you all covered up before he married you, how much more when he sees you with no barriers at all. And he will respect you even more because it is only him who saw you unclothed”

So that is where my research led me. Yes, it would be pretty exciting and mind-blowing for husbands to see the beauty behind the veil.

TOO MANY WIVES SPOILED THE BROTH

One of my greatest fears when I was still married was what if my then husband decided one day to marry another woman since in Islam, it is permissible to have more than one wife. To somehow lessen my fears, I told him that should he take more than one spouse, it would be better if he would divorce me first because I could not bear sharing my husband with another woman. It gives me the creeps thinking that whatever he does to me he would do to another woman the following day. And this he does with my knowledge and it is something I could not even complain about.

I would find myself asking religious people about the concept of polygamy or the concept of having more than one wife. Even though I am no longer married and have divorced not due to polygamy but for other reasons, I still want to know the rule of having more than one wife just for the sake of knowledge. I know there must be a catch somewhere about marrying more than one. I mean, men cannot have their cake and eat it too. Islam, I know, is a religion of equality , and allowing husbands to marry more than one can be a form of emotional abuse in the part of the wives. I knew that somehow men with greedy intentions who entered polygamy could abuse the word of God should they want to.

Lo and behold, I was right after all. God’s wisdom is truly great and incomparable. My research led me to Qur’anic verses that I find do NOT promote polygamy. So you Muslim men reading this, I hope you find these verses taken from the Holy Qur’an informative and enlightening:

1. If you fear that ye shall not be able to deal justly with the orphans marry women of your choice, two, or three, or four; but if ye fear that ye may not be perfectly equitable in treating more than one wife, then you shall be content with one (4:3).

In Islam, it is legal to have four wives on the condition that men can be fair and just to all. When one says fair and just, this means the husband should be able to give all his wives equal time, equal love, and equal wealth. He must make sure that everything is equal, not one of his wife must receive a second or a cent more than the other. Is this possible then? Maybe Superman can do it but definitely not a mere human being. One psychologist I spoke to says it is impossible to love two people equally. Therefore, it is better to marry just one if you cannot deal with your wives evenly as advised by the Holy Qur’an.

2. You cannot be equitable in a polygamous relationship, no matter how hard you try. (4:129)

This verse confirms what the psychologist I spoke to said. It is impossible to really commit your love, time, and wealth to more than one person. Just imagine if both wives get pregnant at the same time and both are expected to deliver in the exact time. Whom will the husband go to? Naturally, the question of which woman he loves more will guide him as to whom he should prioritize.

My grandfather, the late Senator Ahmad Domocao Alonto, who is considered a top Muslim leader in the Philippines, had more than one wife. I remember he once told us, if men want to experience hell in this world, they should marry more than one. In terms of finances, I really would not know who between my late grandmother or the second wife got more money from him but the way I saw it, as he grew old, I think he found it difficult and exhausting to travel from Marawi City to Manila and then back again to spend equal time with his two wives. The psychological and emotional turmoil this set-up brought was hard to bear not only for him but also for his wives. Yes, sometimes, I would hear my grandmother complain to him. But then as best as Papa Domie could, he tried to make most of his situation. And yet, he still managed to say, and I repeat, “if men want to experience hell in this world, they should marry more than one.”

3. Polygamy to substitute a younger wife is an abuse of God’s law (4:19).

Muslim men sometimes do abuse the rule on polygamy. They just marry up to four wives for reasons of lust, infatuation, masculinity, and pride. The above verse implies that it is abuse of God’s law when a man marries more than one for the reasons that I have just stated. The Prophet Muhammad (peace be upon him), the Messenger of God, enjoyed a monogamous marriage with Khadjia, his first wife, for twenty-five years. For the remaining years of his life, he married the widow of his friends who had children and could not provide for themselves. He married them for purposes of survival and not lust. Therefore, in Islam, a man should follow this example. God will even bless him if his intentions are this pure and beneficial to the women like the widows.

www.subission.org, a source material on Islam, in the internet states that:

One of the basic criteria that must be observed in contemplating Islam is that it must alleviate pain and suffering and not cause any pain and suffering. The Quranic limitations against polygamy point out the possibility of abusing God’s law. Therefore, unless we are absolutely sure that God’s law will not be abused, we had better resist our lust and stay away from polygamy. If the circumstances do not dictate polygamy, we had better give our full attention to one wife and one set of children. The children’s psychological and social well being, especially in countries where polygamy is prohibited, almost invariably dictate monogamy.

My girl cousin, Naima, is married to a man with a first wife. Almost two decades ago, she divorced her husband when she found out that he has not separated at all from the first wife. When their son reached his pre-teen years, he got sick for almost a month and was confined in the hospital. It was found out that the child was somehow suffering from depression due to the divorce. He then asked his parents to get back together and after more than ten years, his parents finally decided to reconcile. Now, Naima is content with the presence of the first wife in her husband’s life.

“Being happy or lonely in a relationship is just a state of mind,” Naima narrates. “If you accept that anything in life is given by God to you, and that God’s answer to our prayers are far wiser, than we do not have a problem. What is important is I have accepted that his other family is a part of him. As long as he does not neglect us, then this set-up is all right with me. The only disadvantage is that sometimes he is not there for me when I need him because it is his time for his other family. But so far it is okay to have a ‘co-wife’.”

My friend, Andie Arobinto, has twenty-six other siblings. His late father had three wives. Andie’s mother was the second wife. His mother divorced his father after bearing three children with him. When I asked Andie what he thought were the reasons why suddenly his mother gave up, he said, “She wanted to have a job so as to earn for her children’s future. She feared that with twenty-seven children, my father would not be able to really meet all of our needs. Aside from that, my father was not able to handle later on the time management he was supposed to give his wives.”

I asked Andie how he felt being in such a situation, with two stepmothers and plenty of siblings. “It’s fun. My brothers and sisters help one another. I don’t think there ever was a time my mother and the other wives fought. My mother is a lawyer and she just really wanted to pursue her career for our future.”

Well, the way I see it, Islam allowed polygamy for two reasons; 1) to help widows and their children. However, in these present times, many women have access to work and can provide for themselves and children, therefore not really needing a partner to take care of them. 2) To save children from illegitimacy. In these present times, various men have illegal affairs with women and later on, bear children with them. Islam does not want illegitimacy because this provides a psychological effect on children. Islam places such importance on the children and wants their rights and welfare to be protected. To therefore avoid illegitimacy, suffering, and pain, a Muslim man must therefore just stick to one wife and be faithful to her. The Quran and the Bible both say, “Be good to your wife!”

So to all the readers who think that Muslims can have more than one wife, there are restrictions to this rule and nobody is allowed to abuse God’s word. Muslim women, let us equip your husbands with this knowledge. J

Republic Act 9262 (Anti-Violence Against Women & Children Law)

Republic of the Philippines

Congress of the Philippines

Metro Manila

Twelfth Congress

Third Regular Session

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

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[ REPUBLIC ACT NO. 9262 ]

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

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

SECTION 1. Short Title.- This Act shall be known as the "Anti-Violence Against Women and Their Children Act of 2004".

SEC. 2. Declaration of Policy.- It is hereby declared that the State values the dignity of women and children and guarantees full respect for human rights. The State also recognizes the need to protect the family and its members particularly women and children, from violence and threats to their personal safety and security.

Towards this end, the State shall exert efforts to address violence committed against women and children in keeping with the fundamental freedoms guaranteed under the Constitution and the Provisions of the Universal Declaration of Human Rights, the convention on the Elimination of all forms of discrimination Against Women, Convention on the Rights of the Child and other international human rights instruments of which the Philippines is a party.

SEC. 3. Definition of Terms.- As used in this Act, (a) "Violence against women and their children" refers to any act or a series of acts committed by any person against a woman who is his wife, former wife, or against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harrasment or arbitrary deprivation of liberty. It includes, but is not limited to, the following acts:

1. "Physical Violence" refers to acts that include bodily or physical harm;
2. "Sexual violence" refers to an act which is sexual in nature, committed against a woman or her child. It includes, but is not limited to:
1. rap, sexual harassment, acts of lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make films thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;
2. acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;
3. Prostituting the woman or child.
3. "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.
4. "Economic abuse" refers to acts that make or attempt to make a woman financially dependent which includes, but is not limited to the following:
1. withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;
2. deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;
3. destroying household property;
4. controlling the victims’ own money or properties or solely controlling the conjugal money or properties.

(b) "Battery" refers to an act of inflicting physical harm upon the woman or her child resulting to the physical and psychological or emotional distress.

(c) "Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse.

(d) "Stalking" refers to an intentional act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child under surveillance directly or indirectly or a combination thereof.

(e) "Dating relationship" refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship.

(f) "Sexual relations" refers to a single sexual act which may or may not result in the bearing of a common child.

(g) "Safe place or shelter" refers to any home or institution maintained or managed by the Department of Social Welfare and Development (DSWD) or by any other agency or voluntary organization accredited by the DSWD for the purposes of this Act or any other suitable place the resident of which is willing temporarily to receive the victim.

(h) "Children" refers to those below eighteen (18) years of age or older but are incapable of taking care of themselves as defined under Republic Act No. 7610. As used in this Act, it includes the biological children of the victim and other children under her care.

SEC. 4. Construction.- This Act shall be liberally construed to promote the protection and safety of victims of violence against women and their children.

SEC. 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts:

1. Causing physical harm to the woman or her child;
2. Threatening to cause the woman or her child physical harm;
3. Attempting to cause the woman or her child physical harm;
4. Placing the woman or her child in fear of imminent physical harm;
5. Attempting to compel or compelling the woman or her child to engage in conduct which the woman or her child has the right to desist from or desist from conduct which the woman or her child has the right to engage in, or attempting to restrict or restricting the woman’s or her child’s freedom of movement or conduct by force or threat of force, physical or other harm or threat of physical or other harm, or intimidation directed against the woman or child. This shall include, but not limited to, the following acts committed with the purpose or effect of controlling or restricting the woman’s or her child’s movement or conduct:
1. Threatening to deprive or actually depriving the woman or her child of custody to her/his family;
2. Depriving or threatening to deprive the woman or her children of financial support legally due her or her family, or deliberately providing the woman’s children insufficient financial support;
3. Depriving or threatening to deprive the woman or her child of a legal right;
4. Preventing the woman in engaging in any legitimate profession, occupation, business or activity or controlling the victim’s own mon4ey or properties, or solely controlling the conjugal or common money, or properties;
6. Inflicting or threatening to inflict physical harm on oneself for the purpose of controlling her actions or decisions;
7. 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;
8. Engaging in purposeful, knowing, or reckless conduct, personally or through another, that alarms or causes substantial emotional or psychological distress to the woman or her child. This shall include, but not be limited to, the following acts:
1. Stalking or following the woman or her child in public or private places;
2. Peering in the window or lingering outside the residence of the woman or her child;
3. Entering or remaining in the dwelling or on the property of the woman or her child against her/his will;
4. Destroying the property and personal belongingness or inflicting harm to animals or pets of the woman or her child; and
5. Engaging in any form of harassment or violence;
9. Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.

SEC. 6. Penalties.- The crime of violence against women and their children, under Section 5 hereof shall be punished according to the following rules:

1. Acts falling under Section 5(a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal Code.

If these acts resulted in mutilation, it shall be punishable in accordance with the Revised Penal Code; those constituting serious physical injuries shall have the penalty of prison mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor.

Acts falling under Section 5(b) shall be punished by imprisonment of two degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor.

2. Acts falling under Section 5(c) and 5(d) shall be punished by arresto mayor;
3. Acts falling under Section 5(e) shall be punished by prision correccional;
4. Acts falling under Section 5(f) shall be punished by arresto mayor;
5. Acts falling under Section 5(g) shall be punished by prision mayor;
6. Acts falling under Section 5(h) and Section 5(i) shall be punished by prision mayor.

If the acts are committed while the woman or child is pregnant or committed in the presence of her child, the penalty to be applied shall be the maximum period of penalty prescribed in the section.

In addition to imprisonment, the perpetrator shall (a) pay a fine in the amount of not less than One hundred thousand pesos (P100,000.00) but not more than three hundred thousand pesos (300,000.00); (b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court.

SEC. 7. Venue.- The Regional Trial Court designated as a Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under this law. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the compliant.

SEC. 8. Protection Orders.- A protection order is an order issued under this act for the purpose of preventing further acts of violence against a woman or her child specified in Section 5 of this Act and granting other necessary relief. The relief granted under a protection order serve the purpose of safeguarding the victim from further harm, minimizing any disruption in the victim’s daily life, and facilitating the opportunity and ability of the victim to independently regain control over her life. The provisions of the protection order shall be enforced by law enforcement agencies. The protection orders that may be issued under this Act are the barangay protection order (BPO), temporary protection order (TPO) and permanent protection order (PPO). The protection orders that may be issued under this Act shall include any, some or all of the following reliefs:

1. Prohibition of the respondent from threatening to commit or committing, personally or through another, any of the acts mentioned in Section 5 of this Act;
2. Prohibition of the respondent from harassing, annoying, telephoning, contacting or otherwise communicating with the petitioner, directly or indirectly;
3. Removal and exclusion of the respondent from the residence of the petitioner, regardless of ownership of the residence, either temporarily for the purpose of protecting the petitioner, or permanently where no property rights are violated, and if respondent must remove personal effects from the residence, the court shall direct a law enforcement agent to accompany the respondent has gathered his things and escort respondent from the residence;
4. Directing the respondent to stay away from petitioner and designated family or household member at a distance specified by the court, and to stay away from the residence, school, place of employment, or any specified place frequented by the petitioner and any designated family or household member;
5. Directing lawful possession and use by petitioner of an automobile and other essential personal effects, regardless of ownership, and directing the appropriate law enforcement officer to accompany the petitioner to the residence of the parties to ensure that the petitioner is safely restored to the possession of the automobile and other essential personal effects, or to supervise the petitioner’s or respondent’s removal of personal belongingness;
6. Granting a temporary or permanent custody of a child/children to the petitioner;

Directing the respondent to provide support to the woman and/or her child if entitled to legal support. Notwithstanding other laws to the contrary, the court shall order an appropriate percentage of the income or salary of the respondent to be withheld regularly by the respondent’s employer for the same to be automatically remitted directly to the woman. Failure to remit and/or withhold or any delay in the remittance of support to the woman and/or her child without justifiable cause shall render the respondent or his employer liable for indirect contempt of court;

8. Prohibition of the respondent from any use or possession of any firearm or deadly weapon and order him to surrender the same to the court for appropriate disposition by the court, including revocation of license and disqualification to apply for any license to use or possess a firearm. If the offender is a law enforcement agent, the court shall order the offender to surrender his firearm and shall direct the appropriate authority to investigate on the offender and take appropriate action on matter;
9. Restitution for actual damages caused by the violence inflicted, including, but not limited to, property damage, medical expenses, childcare expenses and loss of income;
10. Directing the DSWD or any appropriate agency to provide petitioner may need; and
11. Provision of such other forms of relief as the court deems necessary to protect and provide for the safety of the petitioner and any designated family or household member, provided petitioner and any designated family or household member consents to such relief.

Any of the reliefs provided under this section shall be granted even in the absence of a decree of legal separation or annulment or declaration of absolute nullity of marriage.

The issuance of a BPO or the pendency of an application for BPO shall not preclude a petitioner from applying for, or the court from granting a TPO or PPO.

SEC. 9. Who may file Petition for Protection Orders. – A petition for protection order may be filed by any of the following:

1. the offended party;
2. parents or guardians of the offended party;
3. ascendants, descendants or collateral relatives within the fourth civil degree of consanguinity or affinity;
4. officers or social workers of the DSWD or social workers of local government units (LGUs);
5. police officers, preferably those in charge of women and children’s desks;
6. Punong Barangay or Barangay Kagawad;
7. lawyer, counselor, therapist or healthcare provider of the petitioner;
8. At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who has personal knowledge of the offense committed.

SEC. 10. Where to Apply for a Protection Order. – Applications for BPOs shall follow the rules on venue under Section 409 of the Local Government Code of 1991 and its implementing rules and regulations. An application for a TPO or PPO may be filed in the regional trial court, metropolitan trial court, municipal trial court, municipal circuit trial court with territorial jurisdiction over the place of residence of the petitioner: Provided, however, That if a family court exists in the place of residence of the petitioner, the application shall be filed with that court.

SEC. 11. How to Apply for a Protection Order. – The application for a protection order must be in writing, signed and verified under oath by the applicant. It may be filed as an independent action or as incidental relief in any civil or criminal case the subject matter or issues thereof partakes of a violence as described in this Act. A standard protection order application form, written in English with translation to the major local languages, shall be made available to facilitate applications for protections order, and shall contain, among other, the following information:

1. names and addresses of petitioner and respondent;
2. description of relationships between petitioner and respondent;
3. a statement of the circumstances of the abuse;
4. description of the reliefs requested by petitioner as specified in Section 8 herein;
5. request for counsel and reasons for such;
6. request for waiver of application fees until hearing; and
7. an attestation that there is no pending application for a protection order in another court.

If the applicants is not the victim, the application must be accompanied by an affidavit of the applicant attesting to (a) the circumstances of the abuse suffered by the victim and (b) the circumstances of consent given by the victim for the filling of the application. When disclosure of the address of the victim will pose danger to her life, it shall be so stated in the application. In such a case, the applicant shall attest that the victim is residing in the municipality or city over which court has territorial jurisdiction, and shall provide a mailing address for purpose of service processing.

An application for protection order filed with a court shall be considered an application for both a TPO and PPO.

Barangay officials and court personnel shall assist applicants in the preparation of the application. Law enforcement agents shall also extend assistance in the application for protection orders in cases brought to their attention.

SEC. 12. Enforceability of Protection Orders. – All TPOs and PPOs issued under this Act shall be enforceable anywhere in the Philippines and a violation thereof shall be punishable with a fine ranging from Five Thousand Pesos (P5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months.

SEC. 13. Legal Representation of Petitioners for Protection Order. – If the woman or her child requests in the applications for a protection order for the appointment of counsel because of lack of economic means to hire a counsel de parte, the court shall immediately direct the Public Attorney’s Office (PAO) to represent the petitioner in the hearing on the application. If the PAO determines that the applicant can afford to hire the services of a counsel de parte, it shall facilitate the legal representation of the petitioner by a counsel de parte. The lack of access to family or conjugal resources by the applicant, such as when the same are controlled by the perpetrator, shall qualify the petitioner to legal representation by the PAO.

However, a private counsel offering free legal service is not barred from representing the petitioner.

SEC. 14. Barangay Protection Orders (BPOs); Who May Issue and How. - Barangay Protection Orders (BPOs) refer to the protection order issued by the Punong Barangay ordering the perpetrator to desist from committing acts under Section 5 (a) and (b) of this Act. A Punong Barangay who receives applications for a BPO shall issue the protection order to the applicant on the date of filing after ex parte determination of the basis of the application. If the Punong Barangay is unavailable to act on the application for a BPO, the application shall be acted upon by any available Barangay Kagawad. If the BPO is issued by a Barangay Kagawad the order must be accompanied by an attestation by the Barangay Kagawad that the Punong Barangay was unavailable at the time for the issuance of the BPO. BPOs shall be effective for fifteen (15) days. Immediately after the issuance of an ex parte BPO, the Punong Barangay or Barangay Kagawad shall personally serve a copy of the same on the respondent, or direct any barangay official to effect is personal service.

The parties may be accompanied by a non-lawyer advocate in any proceeding before the Punong Barangay.

SEC. 15. Temporary Protection Orders. – Temporary Protection Orders (TPOs) refers to the protection order issued by the court on the date of filing of the application after ex parte determination that such order should be issued. A court may grant in a TPO any, some or all of the reliefs mentioned in this Act and shall be effective for thirty (30) days. The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The court shall order the immediate personal service of the TPO on the respondent by the court sheriff who may obtain the assistance of law enforcement agents for the service. The TPO shall include notice of the date of the hearing on the merits of the issuance of a PPO.

SEC. 16. Permanent Protection Orders. – Permanent Protection Order (PPO) refers to protection order issued by the court after notice and hearing.

Respondents non-appearance despite proper notice, or his lack of a lawyer, or the non-availability of his lawyer shall not be a ground for rescheduling or postponing the hearing on the merits of the issuance of a PPO. If the respondents appears without counsel on the date of the hearing on the PPO, the court shall appoint a lawyer for the respondent and immediately proceed with the hearing. In case the respondent fails to appear despite proper notice, the court shall allow ex parte presentation of the evidence by the applicant and render judgment on the basis of the evidence presented. The court shall allow the introduction of any history of abusive conduct of a respondent even if the same was not directed against the applicant or the person for whom the applicant is made.

The court shall, to the extent possible, conduct the hearing on the merits of the issuance of a PPO in one (1) day. Where the court is unable to conduct the hearing within one (1) day and the TPO issued is due to expire, the court shall continuously extend or renew the TPO for a period of thirty (30) days at each particular time until final judgment is issued. The extended or renewed TPO may be modified

by the court as may be necessary or applicable to address the needs of the applicant.

The court may grant any, some or all of the reliefs specified in Section 8 hereof in a PPO. A PPO shall be effective until revoked by a court upon application of the person in whose favor the order was issued. The court shall ensure immediate personal service of the PPO on respondent.

The court shall not deny the issuance of protection order on the basis of the lapse of time between the act of violence and the filing of the application.

Regardless of the conviction or acquittal of the respondent, the Court must determine whether or not the PPO shall become final. Even in a dismissal, a PPO shall be granted as long as there is no clear showing that the act from which the order might arise did not exist.

Sec. 17. Notice of Sanction in Protection Orders. – The following statement must be printed in bold-faced type or in capital letters on the protection order issued by the Punong Barangay or court:

"Violation of this order is punishable by law."

Sec. 18. Mandatory Period For Acting on Applications For Protection Orders – Failure to act on an application for a protection order within the reglementary period specified in the previous section without justifiable cause shall render the official or judge administratively liable.

Sec 19. Legal Separation Cases. – In cases of legal separation, where violence as specified in this Act is alleged, Article 58 of the Family Code shall not apply. The court shall proceed on the main case and other incidents of the case as soon as possible. The hearing on any application for a protection order filed by the petitioner must be conducted within the mandatory period specified in this Act.

Sec. 20. Priority of Application for a Protection Order. – Ex parte and adversarial hearings to determine the basis of applications for a protection order under this Act shall have priority over all other proceedings. Barangay officials and the courts shall schedule and conduct hearings on applications for a protection order under this Act above all other business and, if necessary, suspend other proceedings in order to hear applications for a protection order.

Sec. 21. Violation of Protection Orders. – A complaint for a violation of a BPO issued under this Act must be filed directly with any municipal trial court, metropolitan trial court, or municipal circuit trial court that has territorial jurisdiction over the barangay that issued the BPO. Violation of a BPO shall be punishable by imprisonment of thirty (30) days without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

A judgement of violation of a BPO ma be appealed according to the Rules of Court. During trial and upon judgment, the trial court may motu proprio issue a protection order as it deems necessary without need of an application.

Violation of any provision of a TPO or PPO issued under this Act shall constitute contempt of court punishable under Rule 71 of the Rules of Court, without prejudice to any other criminal or civil action that the offended party may file for any of the acts committed.

Sec. 22. Applicability of Protection Orders to Criminal Cases. – The foregoing provisions on protection orders shall be applicable in impliedly instituted with the criminal actions involving violence against women and their children.

Sec. 23. Bond to Keep the Peace. – The Court may order any person against whom a protection order is issued to give a bond to keep the peace, to present two sufficient sureties who shall undertake that such person will not commit the violence sought to be prevented.

Should the respondent fail to give the bond as required, he shall be detained for a period which shall in no case exceed six (6) months, if he shall have been prosecuted for acts punishable under Section 5(a) to 5(f) and not exceeding thirty (30) days, if for acts punishable under Section 5(g) to 5(I).

The protection orders referred to in this section are the TPOs and the PPOs issued only by the courts.

Sect. 24. Prescription Period. – Acts falling under Sections 5(a) to 5(f) shall prescribe in twenty (20) years. Acts falling under Sections 5(g) to 5(I) shall prescribe in ten (10) years.

Sec. 25. Public Crime. – Violence against women and their children shall be considered a public offense which may be prosecuted upon the filing of a complaint by any citizen having personal knowledge of the circumstances involving the commission of the crime.

Sec. 26. Battered Woman Syndrome as a Defense. – Victim-survivors who are found by the courts to be suffering from battered woman syndrome do not incure any criminal and civil liability notwithstanding the absence of any of the elements for justifying circumstances of self-defense under the Revised Penal Code.

In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

Sec. 27. Prohibited Defense. – Being under the influence of alcohol, any illicit drug, or any other mind-altering substance shall not be a defense under this Act.

Sec. 28. Custody of children. – The woman victim of violence shall be entitled to the custody and support of her child/children. Children below seven (7) years old older but with mental or physical disabilities shall automatically be given to the mother, with right to support, unless the court finds compelling reasons to order otherwise.

A victim who is suffering from battered woman syndrome shall not be disqualified from having custody of her children. In no case shall custody of minor children be given to the perpetrator of a woman who is suffering from Battered woman syndrome.

Sec. 29. Duties of Prosecutors/Court Personnel. – Prosecutors and court personnel should observe the following duties when dealing with victims under this Act:

1. communicate with the victim in a language understood by the woman or her child; and
2. inform the victim of her/his rights including legal remedies available and procedure, and privileges for indigent litigants.

Sec. 30. Duties of Barangay Officials and Law Enforcers. – Barangay officials and law enforcers shall have the following duties:

1. respond immediately to a call for help or request for assistance or protection of the victim by entering the necessary whether or not a protection order has been issued and ensure the safety of the victim/s;
2. confiscate any deadly weapon in the possession of the perpetrator or within plain view;
3. transport or escort the victim/s to a safe place of their choice or to a clinic or hospital;
4. assist the victim in removing personal belongs from the house;
5. assist the barangay officials and other government officers and employees who respond to a call for help;
6. ensure the enforcement of the Protection Orders issued by the Punong Barangy or the courts;
7. arrest the suspected perpetrator wiithout a warrant when any of the acts of violence defined by this Act is occurring, or when he/she has personal knowledge that any act of abuse has just been committed, and there is imminent danger to the life or limb of the victim as defined in this Act; and
8. immediately report the call for assessment or assistance of the DSWD, social Welfare Department of LGUs or accredited non-government organizations (NGOs).

Any barangay official or law enforcer who fails to report the incident shall be liable for a fine not exceeding Ten Thousand Pesos (P10,000.00) or whenever applicable criminal, civil or administrative liability.

Sec. 31. Healthcare Provider Response to Abuse – Any healthcare provider, including, but not limited to, an attending physician, nurse, clinician, barangay health worker, therapist or counselor who suspects abuse or has been informed by the victim of violence shall:

1. properly document any of the victim’s physical, emotional or psychological injuries;
2. properly record any of victim’s suspicions, observations and circumstances of the examination or visit;
3. automatically provide the victim free of charge a medical certificate concerning the examination or visit;
4. safeguard the records and make them available to the victim upon request at actual cost; and
5. provide the victim immediate and adequate notice of rights and remedies provided under this Act, and services available to them.

Sec. 32. Duties of Other Government Agencies and LGUs – Other government agencies and LGUs shall establish programs such as, but not limited to, education and information campaign and seminars or symposia on the nature, causes, incidence and consequences of such violence particularly towards educating the public on its social impacts.

It shall be the duty of the concerned government agencies and LGU’s to ensure the sustained education and training of their officers and personnel on the prevention of violence against women and their children under the Act.

SEC. 33. Prohibited Acts. – A Punong Barangay, Barangay Kagawad or the court hearing an application for a protection order shall not order, direct, force or in any way unduly influence he applicant for a protection order to compromise or abandon any of the reliefs sought in the application for protection under this Act. Section 7 of the Family Courts Act of 1997 and Sections 410, 411, 412 and 413 of the Local Government Code of 1991 shall not apply in proceedings where relief is sought under this Act.

Failure to comply with this Section shall render the official or judge administratively liable.

SEC 34. Persons Intervening Exempt from Liability. – In every case of violence against women and their children as herein defined, any person, private individual or police authority or barangay official who, acting in accordance with law, responds or intervenes without using violence or restraint greater than necessary to ensure the safety of the victim, shall not be liable for any criminal, civil or administrative liability resulting therefrom.

SEC. 35. Rights of Victims. – In addition to their rights under existing laws, victims of violence against women and their children shall have the following rights:

1. to be treated with respect and dignity;
2. to avail of legal assistance form the PAO of the Department of Justice (DOJ) or any public legal assistance office;
3. To be entitled to support services form the DSWD and LGUs’
4. To be entitled to all legal remedies and support as provided for under the Family Code; and
5. To be informed of their rights and the services available to them including their right to apply for a protection order.

SEC. 36. Damages. – Any victim of violence under this Act shall be entitled to actual, compensatory, moral and exemplary damages.

SEC. 37. Hold Departure Order. – The court shall expedite the process of issuance of a hold departure order in cases prosecuted under this Act.

SEC. 38. Exemption from Payment of Docket Fee and Other Expenses. – If the victim is an indigent or there is an immediate necessity due to imminent danger or threat of danger to act on an application for a protection order, the court shall accept the application without payment of the filing fee and other fees and of transcript of stenographic notes.

SEC. 39. Inter-Agency Council on Violence Against Women and Their Children (IAC-VAWC). In pursuance of the abovementioned policy, there is hereby established an Inter-Agency Council on Violence Against Women and their children, hereinafter known as the Council, which shall be composed of the following agencies:

1. Department of Social Welfare and Development (DSWD);
2. National Commission on the Role of Filipino Women (NCRFW);
3. Civil Service Commission (CSC);
4. Council for the Welfare of Children (CWC);
5. Department of Justice (DOJ);
6. Department of the Interior and Local Government (DILG);
7. Philippine National Police (PNP);
8. Department of Health (DOH);
9. Department of Education (DepEd);
10. Department of Labor and Employment (DOLE); and
11. National Bureau of Investigation (NBI).

These agencies are tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives.

The Council members may designate their duly authorized representative who shall have a rank not lower than an assistant secretary or its equivalent. These representatives shall attend Council meetings in their behalf, and shall receive emoluments as may be determined by the Council in accordance with existing budget and accounting rules and regulations.

SEC. 40. Mandatory Programs and Services for Victims. – The DSWD, and LGU’s shall provide the victims temporary shelters, provide counseling, psycho-social services and /or, recovery, rehabilitation programs and livelihood assistance.

The DOH shall provide medical assistance to victims.

SEC. 41. Counseling and Treatment of Offenders. – The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outbursts and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment or confinement.

SEC. 42. Training of Persons Involved in Responding to Violence Against Women and their Children Cases. – All agencies involved in responding to violence against women and their children cases shall be required to undergo education and training to acquaint them with:

1. the nature, extend and causes of violence against women and their children;
2. the legal rights of, and remedies available to, victims of violence against women and their children;
3. the services and facilities available to victims or survivors;
4. the legal duties imposed on police officers to make arrest and to offer protection and assistance; and
5. techniques for handling incidents of violence against women and their children that minimize the likelihood of injury to the officer and promote the safety of the victim or survivor.

The PNP, in coordination with LGU’s shall establish an education and training program for police officers and barangay officials to enable them to properly handle cases of violence against women and their children.

SEC. 43. Entitled to Leave. – Victims under this Act shall be entitled to take a paid leave of absence up to ten (10) days in addition to other paid leaves under the Labor Code and Civil Service Rules and Regulations, extendible when the necessity arises as specified in the protection order.

Any employer who shall prejudice the right of the person under this section shall be penalized in accordance with the provisions of the Labor Code and Civil Service Rules and Regulations. Likewise, an employer who shall prejudice any person for assisting a co-employee who is a victim under this Act shall likewise be liable for discrimination.

SEC. 44. Confidentiality. – All records pertaining to cases of violence against women and their children including those in the barangay shall be confidential and all public officers and employees and public or private clinics to hospitals shall respect the right to privacy of the victim. Whoever publishes or causes to be published, in any format, the name, address, telephone number, school, business address, employer, or other identifying information of a victim or an immediate family member, without the latter’s consent, shall be liable to the contempt power of the court.

Any person who violates this provision shall suffer the penalty of one (1) year imprisonment and a fine of not more than Five Hundred Thousand pesos (P500,000.00).

SEC. 45. –Funding – The amount necessary to implement the provisions of this Act shall be included in the annual General Appropriations Act (GAA).

The Gender and Development (GAD) Budget of the mandated agencies and LGU’s shall be used to implement services for victim of violence against women and their children.

SEC. 46. Implementing Rules and Regulations. – Within six (6) months from the approval of this Act, the DOJ, the NCRFW, the DSWD, the DILG, the DOH, and the PNP, and three (3) representatives from NGOs to be identified by the NCRFW, shall promulgate the Implementing Rules and Regulations (IRR) of this Act.

SEC. 47. Suppletory Application – For purposes of this Act, the Revised Penal Code and other applicable laws, shall have suppletory application.

SEC. 48. Separability Clause. – If any section or provision of this Act is held unconstitutional or invalid, the other sections or provisions shall not be affected.

SEC. 49. Repealing Clause – All laws, Presidential decrees, executive orders and rules and regulations, or parts thereof, inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

SEC. 50. Effectivity – This Act shall take effect fifteen (15) days from the date of its complete publication in at least two (2) newspapers of general circulation.

(Sgd.)JOSE DE VENECIA, JR. (Sgd.)FRANKLIN DRILON

Speaker of the House Of the Representatives President of the Senate

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

(Sgd.)ROBERTO P. NAZARENO (Sgd.)OSCAR YABES

Secretary General of the House of Representatives Secretary of the Senate

Approved: MARCH 08, 2004

(Sgd.)GLORIA MACAPAGAL-ARROYO

President of the Philippines

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