Social Legislations

Universal Declaration of
Human Rights
• Drafted under the leadership of Eleanor
Roosevelt.
• Adopted by UN on December 10, 1948
Child’s
Rights
 UNCRC
• United Nation’s Convention on the Rights of
the Child
• Adopted by UN on November 20, 1989
• Signed by the Philippines on August 21, 1990
 Who is a child?
every human being below the age of eighteen
years unless under the law applicable to the
child, majority is attained earlier.
Four Broad Rights

Development Participation

Survival Protection
 Principles of the UNCRC
• Non-discrimination

• Best interests of the Child

• Right to life, survival and development

• Views of the Child

 Presidential Decree 603
• Child and Youth Welfare Code
• Signed December 10, 1974
 Karapatan ng Bata ayon sa PD 603
Tahanan Mapaunlad
Maipanganak at Pamilya ang kakayanan
at pagkatao
Pangunahing
Pangangailangan
Edukasyon
Payapang
komunidad
Proteksyon
Mahusay at tapat na
Makapaglaro pamahalaan
 Responsibilidad ng Bata ayon sa PD
603
Sundin at Mahalin at
Mabuhay ng
igalang tulungan ang
matuwid
ang mga mga kapatid
magulang
Paunlarin ang
sarili

Igalang Makibahagi
ang sa mga
gawaing Igalang ang
karapatan
panlipunan matatanda at ang
ng iba
kulturang Pilipino
 Commitment of a Child to DSWD
• Involuntary Commitment
– Judicial Process of declaring a child abandoned
and dependent
• Voluntary Commitment
– Voluntary relinquishment of parental rights
 R.A. 8552
• Domestic Adoption Act of 1998
– Parental Authority
– Legitimacy
– Succession
 Who may be adopted?
• Any person below eighteen (18) years of age who has been
administratively or judicially declared available for adoption;
• The legitimate son/daughter of one spouse by the other
spouse;
• An illegitimate son/daughter by a qualified adopter to
improve his/her status to that of legitimacy;
• A person of legal age if, prior to the adoption, said person has
been consistently considered and treated by the adopter(s) as
his/her own child since minority;
• A child whose adoption has been previously rescinded; or
• A child whose biological or adoptive parent(s) has died:
Provided, That no proceedings shall be initiated within six (6)
months from the time of death of said parent(s).
 Who may adopt?
• Filipino citizen of legal age
– in possession of full civil capacity and legal rights
– good moral character
– has not been convicted of any crime involving moral
turpitude
– emotionally and psychologically capable of caring for
children
– at least sixteen (16) years older than the adoptee, and
who is in a position to support and care for his/her
children in keeping with the means of the family.
 Who may adopt?
• Any alien possessing the same qualifications
as that for Filipino nationals
– his/her country has diplomatic relations with the
Republic of the Philippines
– has been living in the Philippines for at least three
(3) continuous years prior to the filing of the
application for adoption
– has the legal capacity to adopt in his/her country
– his/her government allows the adoptee to enter
his/her country as his/her adopted son/daughter
 Who may adopt?
• Any alien possessing the same qualifications as
that for Filipino nationals
– former Filipino citizen who seeks to adopt a relative
within the fourth (4th) degree of consanguinity or
affinity
– seeks to adopt the legitimate son/daughter of his/her
Filipino spouse
– married to a Filipino citizen and seeks to adopt jointly
with his/her spouse a relative within the fourth (4th)
degree of consanguinity or affinity of the Filipino
spouse
 Whose consent is necessary for
adoption?
• The adoptee, if ten (10) years of age or over;
• The biological parent(s) of the child, if known, or the
legal guardian, or the proper government
instrumentality which has legal custody of the child;
• The legitimate and adopted sons/daughters, ten (10)
years of age or over, of the adopter(s) and adoptee, if
any;
• The illegitimate sons/daughters, ten (10) years of age
or over
• The spouse, if any, of the person adopting or to be
adopted.
 Procedure for Domestic Adoption
• Safeguard against hurried decisions
– All measure to strengthen the family have been
exhausted
– Counseling
• Case study from social worker of LSWDO/Child-
placing/Child-caring agency
– Adoptee
– Biological Parents
– Adopter(s)
• Supervised Trial Custody
– At least six months
 R.A. 8043
• The Intercountry adoption act of 1995
– the socio-legal process of adopting a Filipino child
by a foreigner or a Filipino citizen permanently
residing abroad where the petition is filed, the
supervised trial custody is undertaken, and the
decree of adoption is issued outside the
Philippines.
– Child
• Below 15 years of age
Inter-Country Adoption Board or ICAB
• act as the central authority in matters relating
to inter-country adoption. It shall act as the
policy-making body for purposes of carrying
out the provisions of this Act, in consultation
and coordination with the Department, the
different child-care and placement agencies,
adoptive agencies, as well as non-
governmental organizations engaged in child-
care and placement activities.
 Requirements for the adoptee to be
considered for placement:
• Certification Declaring A Child Legally Available for Adoption (CDCLAA)
• Child Study and Updated Report prepared at the time of matching
• Security Paper (SECPA) of the Birth or Foundling Certificate;
• Notarized Deed of Voluntary Commitment executed after the birth of the
child;
• Certified True Copy of the Death Certificate of child’s birthparent/s, if
applicable;
• Medical evaluation or history, including that of the child’s biological parents,
if available, and updated medical abstract;
• Psychological evaluation report, as may be deemed necessary;
• Child’s own written consent to adoption, if he/she is ten (10) years or older
• Most recent whole body size picture of the child. If applicable, any physical
impairment of the child should be visible in the picture.
 R.A. 9523
• AN ACT REQUIRING CERTIFICATION OF THE
DEPARTMENT OF SOCIAL WELFARE AND
DEVELOPMENT (DSWD) TO DECLARE A
"CHILD LEGALLY AVAILABLE FOR ADOPTION"
AS A PREREQUISITE FOR ADOPTION
PROCEEDINGS
 Supporting Documents
• Social Case Study Report made by the DSWD,
local government unit, licensed or accredited
child-caring or child-placing agency or institution
charged with the custody of the child;
• Proof that efforts were made to locate the
parent(s) or any known relatives of the child.
• Birth certificate, if available; and
• Recent photograph of the child and photograph
of the child upon abandonment or admission to
the agency or institution.
 Proof of Efforts to locate parents or
any known relatives
• The following shall be considered sufficient:
– Written certification from a local or national radio or
television station that the case was aired on three (3)
different occasions;
– Publication in one (1) newspaper of general circulation;
– Police report or barangay certification from the locality
where the child was found or a certified copy of a tracing
report issued by the Philippine National Red Cross (PNRC),
National Headquarters (NHQ), Social Service Division,
which states that despite due diligence, the child's parents
could not be found; and
– Returned registered mail to the last known address of the
parent(s) or known relatives, if any.
 Procedure

Petition Notice Recommendation (RD: 5 Declaration

(5 days) Working days) (Secretary: 7 Working days)

For Abandonment and Neglect

 Procedure

DSWD
(3 MONTHS)
For Voluntary and Involuntary
Commitment
 R.A. 10165
• Foster Care Act of 2012
• Foster Care
– Provision of planned temporary care of a child by
a foster parent
 Who may be placed under foster care?
• Abandoned, surrendered, neglected, dependent or orphaned;
• Survivor of abuse and exploitation
• Children with special needs;
• Children whose family members are temporarily or permanently unable or
unwilling to provide the child with adequate care;
• Children awaiting adoptive placement
• Children who needs long-term care and close family ties but who cannot be placed
for domestic adoption;
• Children whose adoption has been disrupted;
• Street child, a child in armed conflict or a victim of child labor or trafficking;
• Children who committed a minor offense but is released on recognizance, or who is
in custody supervision or whose case is dismissed; and
• Children in need of special protection as assessed by a social worker, an agency or
the DSWD.
 Application for Foster Parents
• Submission of Home Study Report
• Issuance of License (3 years)
• Matching
• Placement
 Assistance and Incentives
• Subsidy (2,500 Pesos)
• Health Insurance for the child
• Support Care Services
• Additional Tax Exemption
 REPUBLIC ACT 7610
• SPECIAL PROTECTION OF
CHILDREN AGAINST CHILD
ABUSE, EXPLOITATION AND
DISCRIMINATION ACT
 Who is a child?
• refers to a person below eighteen
(18) years of age or one over said
age and who, upon evaluation of a
qualified physician, psychologist or
psychiatrist, is found to be
incapable of taking care of himself
fully because of a physical or
mental disability or condition or of
protecting himself from abuse (IRR
“CHILD ABUSE”
Maltreatment (habitual or not)
Psychological, physical , sexual abuse; neglect,
cruelty and emotional maltreatment
Degrading words and deeds
Deprivation of basic needs
 Failure to give medical treatment to injured
child
 Trafficking
• R.A. 9208 or Anti-Trafficking in Persons Act
of 2003
- Inter-Agency Council Against Trafficking (IACAT)
*DOJ as lead agency
 Trafficking in persons
• refers to the recruitment, transportation, transfer or
harboring or receipt of persons with or without the
victims consent or knowledge, within or across,
national borders by means of threat or use of force or
other forms of coercion, abduction, fraud, deception,
abuse of power or of position, taking advantage of the
vulnerability of the person or the giving or receiving of
payments or benefits to achieve the consent of a
person having control over another person for the
purpose of exploitation which includes at a minimum,
the exploitation or the prostitution of others or other
forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale organs.
 Prohibited Acts of Trafficking
1. To recruit, transport, transfer; harbor, provide, or receive a
person by any means, for the purpose of prostitution,
pornography, sexual exploitation, forced labor, slavery,
involuntary servitude or debt bondage.
2. To introduce or match for money, profit, or material, economic or
other consideration, any person or, as provided for under
Republic Act No. 6955, any Filipino woman to a foreign national,
for marriage for the purpose of …
3. To offer or contract marriage, real or simulated, for the purpose
of acquiring, buying, offering, selling, or trading them to engage
in …
4. To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual
exploitation.
1. To maintain or hire a person to engage in
prostitution or pornography.
2. To adopt or facilitate the adoption of persons for
the purpose of …
3. To recruit, hire, adopt, transport or abduct a
person, by means of threat or use of force,
fraud, deceit, violence, coercion, or intimidation
for the purpose of removal or sale of organs of
said person.
4. To recruit, transport or adopt a child to engage
in armed activities in the Philippines or abroad.
 Prohibited acts that Promote
Trafficking
• knowingly lease or sublease, use or allow to be used any house,
building or establishment.
• To produce, print and issue or distribute unissued, tampered or fake
counseling certificates, registration stickers and certificates of any
government agency as proof of compliance with government
regulatory and pre-departure requirements.
• To advertise, publish, print, broadcast or distribute, or cause the
advertisement, publication, printing, broadcasting or distribution by
any means, including the use of information technology and the
internet, of any brochure, flyer, or any propaganda material.
• To assist in the conduct of misrepresentation or fraud for purposes
of facilitating the acquisition of clearances and necessary exit
documents from government agencies.
• To facilitate, assist or help in the exit and entry of persons
from/to the country at international and local airports,
territorial boundaries and seaports who are in possession
of unissued, tampered or fraudulent travel documents.
• To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to prevent
them from leaving the country or seeking redress from the
government or appropriate agencies.
• To knowingly benefit from, financial or otherwise, or make
use of, the labor or services of a person held to a condition
of involuntary servitude, forced labor, or slavery.
 Qualified Trafficking
• When the trafficked person is a child.
• When the adoption is effected through Republic Act No. 8043
• When the crime is committed by a syndicate, or in large scale.
• When the offender is an ascendant, parent, sibling, guardian or a
person who exercises authority over the trafficked person or when
the offense is committed by a public officer or employee.
• When the trafficked person is recruited to engage in prostitution
with any member of the military or law enforcement agencies.
• When the offender is a member of the military or law enforcement
agencies.
• When by reason or on occasion of the act of trafficking in persons,
the offended party dies, becomes insane, suffers mutilation or is
afflicted with Human Immunodeficiency Virus (HIV) or the Acquired
Immune Deficiency Syndrome (AIDS).
 Use of Trafficked Persons
• 1st Offense
– 6 months community services and P 50,000
• Subsequent offenses
– 1 year imprisonment and P 100,000
 R.A. 10364
• Expanded Anti-trafficking in Persons Act of
2012
 Attempted Trafficking
• any act to initiate the commission of a
trafficking offense but the offender failed to or
did not execute all the elements of the crime
due to accident or by reason of some cause
other than voluntary desistance.
• facilitating the travel of a child without
clearance from DSWD or parental/legal
consent;
• executing affidavit of consent for adoption;
• Recruiting a woman to bear a child; simulating
a birth; or soliciting a child and requiring
custody through any means from hospital,
health centers and the like, all for the purpose
of selling the child.
 Accomplice Liability
• profiting themselves or assisting the offender
to profit by the effects of the crime;
• by concealing or destroying the body of the
crime; and
• by harbouring, concealing or assisting in the
escape of the principal of the crime.
• Additional Funds for the Council is also now
provided by the law, the amount collected
from every penalty, fine or asset derived from
any violation of this Act shall be considered
additional funds for the Council.
 Child Labor
• R.A. 9231 (An act providing for the
elimination of the worst forms of Child Labor
and affording stronger protection for the
working child amending for this purpose R.A.
7610)
• Children below 15 shall not be employed
except:
– Family Enterprise
– Public entertainment or information
• Only 20% of the child’s income may be used
for the collective needs of the family
Hours of Work for a Working Child
• Below 15
– 20 Hours a week but not more than 4 hours a day
– No work between 8pm to 6pm
• 15 years and above
– 8 hours a day but not more than 40 hours a week
– No work between 10 pm to 6 am
 Worst forms of Child Labor
• All forms of slavery
• Prostitution and Pornography
• Likely harmful to health, safety and morals
• Use of dangerous equipments
• Exposure to harmful substances and agents
• Advertisement of vices and violence
 Right of a child to Medical Treatment
• R.A. 9439
– AN ACT PROHIBITING THE DETENTION OF
PATIENTS IN HOSPITALS AND MEDICAL CLINICS
ON GROUNDS OF NONPAYMENT OF HOSPITAL
BILLS OR MEDICAL EXPENSES
 Sexual Abuse
• R.A. 7877
– Anti Sexual Harassment Act of 1995
– is committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor,
professor, coach, trainor, or any other person who,
having authority, influence or moral ascendancy over
another in a work or training or education
environment, demands, requests or otherwise
requires any sexual favor from the other, regardless of
whether the demand, request or requirement for
submission is accepted by the object of said Act.
 Sexual Abuse
• Acts of Lasciviousness
– “[T]he intentional touching, either directly or
through clothing, of the genitalia, anus, groin,
breast, inner thigh, or buttocks, or the
introduction of any object into the genitalia, anus
or mouth, of any person, whether of the same or
opposite sex, with an intent to abuse, humiliate,
harass, degrade, or arouse or gratify the sexual
desire of any person, bestiality, masturbation,
lascivious exhibition of the genitals or pubic area
of a person.”
 Sexual Abuse
• Child Prostitution and other Sexual Abuse.
– Children, whether male or female, who for money
or profit, or any other consideration or due to the
coercion or influence of any adult, syndicate or
group, indulge in sexual intercourse or lascivious
conduct are deemed to be children exploited in
prostitution and other sexual abuse.
 Sexual Abuse
• R.A. 8353 (Anti-rape Law of 1997)
Rape is committed:
1. By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a. Through force, threat or
intimidation;
b. When the offended party is
deprived of reason or otherwise unconscious
 c. By means of fraudulent
machination or grave abuse of authority; and
d. When the offended party is under
12 years of age or is demented, even though
none of the circumstances mentioned above
be present
2. By a person, who, under any of the
circumstances mentioned in par. 1, shall
commit an act of sexual assault by inserting
his penis into another person’s mouth or anal
orifice, or any instrument or object, into the
genital or anal orifice of another person (Art.
266-A)
 RA 8505 or the Rape Victim Assistance &
Protection Act of 1998
• Establishment in every province and city a
rape crisis center located in a government
hospital or health clinic or a suitable place
- providing rape victims with psychological
counseling, medical and health services,
including medico-legal examination
- securing free legal assistance for rape victims
Yung moment na… naRAPE ka.
• E bakit kasi nasa labas ka pa, Gabing-gabi na!

• Narape ba yun? E ang panget naman!

• Ang tanda-tanda mo na, rape pa din? Rape pa
more.
• Kasalanan mo naman yan, inom-inom ka kasi
e puro lalake kasama mo!
Yung moment na… naRAPE ka.
• Anong rape, e pok-pok ka naman!

• Nakipaghalikan ka nga e, tapos sasabihin mo

rape!
- rape shield provision– In prosecutions for
rape, evidence of complainant’s past sexual
conduct, opinion thereof and his/her
reputation shall not be admitted unless, and
only to the extent that the court finds that
such evidence is material and relevant to the
case.
 R.A. 9775
• (Anti-child pornography act of 2009)
– Child Pornography refers to any visual, written
material or audio representation, whether or not
it is made by electronic or mechanical means, or
an actual presentation of a child engaged in real or
simulated explicit sexual activity
 Who is a child?

 Computer generated, digitally or manually

crafted images or graphics of a person who
is made to appear to be a child
 Punishable Acts:

 To induce, use, coerce or recruit a Child in

the production of Child Pornography;
 To publish, offer, transmit, sell, distribute,
broadcast, export and import through any
means, Child Pornography (intent to sell)
 Punishable Acts:

 Willfully access any form of child

pornography;
 To engage in luring or grooming of a child
 To engage in pandering of child
pornography
 Punishable Acts:

 For a parent, legal guardian or person

having custody or control of a child to
knowingly permit the child to engage in any
form of child pornography
 Syndicated Child pornography
 Mere possession of child pornographic
materials
 R.A. 9344
• Juvenile Justice and Welfare Act of 2006
• Passed by Congress on March 21, 2006

• Signed into law on April 28, 2006

• Published on May 5, 2006

• Date of Effectivity: May 20, 2006

Olongapo City, 1991
Malabon City, 2005
Specific Rights

Exemption from Criminal Liability of Children 15 Years

Old and Below

• A child fifteen (15) years of age or under at the time

of the commission of the offense shall be exempt from
criminal liability.

• A child above fifteen (15) years but below eighteen

(18) years of age shall also be exempt from criminal
liability unless he/she has acted with discernment. (Sec.
6, R.A. 9344)
Specific Rights

Treatment of Children Exempt from Criminal

Responsibility

Immediate release of the child to the custody of

parents or nearest relative; or in their absence, to
NGO or religious organization, BCPC. LSWDO.

 Notify local social welfare development officer

to determine appropriate programs.
Specific Rights

Presumption of Minority

• The child in conflict with the law shall enjoy the

presumption of minority.

• The age of a child may be determined from the child’s

birth certificate, baptismal certificate or any other
pertinent documents.

• In case of doubt as to the age of the child, it shall be

resolved in his favor.
Specific Rights

Prohibition of Detention and Locking up in Jails

• A child in conflict with the law shall not be locked up in

a detention cell. (Sec. 21)

• Detention or imprisonment is a disposition of last

resort, and which shall be for the shortest appropriate
period of time. (Sec. 21)

• The court shall not order the detention of a child in a

jail pending trial or hearing of his/her case. (Sec. 35)
Specific Rights

Prohibition of Detention and Locking up in Jails

Are there instances that the law allows detention of a CICL ?

 Yes – Whenever detention is necessary, a child will always
be detained in youth detention homes established by local
governments in the city or municipality where the child
resides.
What if there are no youth detention homes ?
 CICL may be committed to the care of the DSWD or a
local rehabilitation center recognized by the government
within the jurisdiction of the court.
Specific Rights

Release on Recognizance

• A child can be released to his or her parents or

another suitable person (a relative, a pastor,
head/social worker of an NGO) who is willing to
take responsibility for making sure that the child will
appear in court whenever required (Sec. 35)
Specific Rights

Diversion

Conditions:

 For crimes punishable by not more than six (6) years

Law Enforcement Officer

Punong Barangay
•With the assistance of the local social
development officer or other members of
the LCPC.
Specific Rights

Diversion

Conditions:

 For victimless crimes where the imposable penalty is not

more than six (6) years imprisonment

Local social welfare and development officer shall

meet with the child and his/her parents or guardians
for the development of the appropriate diversion
and rehabilitation program.

•With the assistance of the local social development

officer or other members of the LCPC.
Specific Rights

Diversion

Conditions:

 Where the imposable penalty for the crime committed

exceeds six (6) years imprisonment

Diversion measures may be resorted to only by the

court.
Specific Rights

Diversion

Is Diversion always available in court regardless

of the penalty imposed by law on the crime ?

For CICL cases filed before the court, where the

maximum penalty imposed by law for the offense
charged is imprisonment of not more than 12 years,
the court shall determine whether or not diversion is
appropriate before the child is arraigned. (Sec.37)
Specific Rights

Suspension of Sentence

Suspension of sentence shall still be applied even if the juvenile

is already eighteen years (18) of age or more at the time of the
pronouncement of his/her guilt. (Sec. 38)
Specific Rights

Decriminalization of Status Offenses

What are “Status Offenses” ?

 Status Offenses refers to offenses which discriminate only against a
child, while an adult does not suffer any penalty for committing similar
acts.

• Any conduct not considered an offense or not

penalized if committed by an adult shall not be considered
an offense and shall not be
punished if committed by a child.
(Sec.57)
Specific Rights

Offenses Inapplicable to Children

• Prostitution and Vagrancy

• Mendicancy

• Sniffing of rugby

• Status offenses
Specific Rights

Confidentiality of Records and Proceedings

All records and proceedings involving

children in conflict with the law from initial
contact until final disposition of the case
shall be considered privileged and
confidential.
 R.A. 10603
• AN ACT STRENGTHENING THE JUVENILE
JUSTICE SYSTEM IN THE PHILIPPINES,
AMENDING FOR THE PURPOSE REPUBLIC ACT
NO. 9344, OTHERWISE KNOWN AS THE
“JUVENILE JUSTICE AND WELFARE ACT OF
2006” AND APPROPRIATING FUNDS
THEREFOR
• There shall be a Regional Juvenile Justice and
Welfare Committee (RJJWC) in each region.
The RJJWCs will be under the administration
and supervision of the JJWC. The RJJWC shall
be chaired by the director of the regional
office of the DSWD. It shall ensure the
effective implementation of this Act at the
regional and LGU levels and the coordination
among its member agencies. (Sec. 4)
• “SEC. 49. Establishment of ‘Bahay Pag-Asa’. –
Each province and highly-urbanized city (the
LGUs) shall be responsible for building,
funding and operating a ‘Bahay Pag-asa’
within their jurisdiction following the
standards that will be set by the DSWD and
adopted by the JJWC.
• “SEC. 20-A. Serious Crimes Committed by Children
Who Are Exempt From Criminal Responsibility. – A
child who is above twelve (12) years of age up to
fifteen (15) years of age and who commits parricide,
murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with
homicide or rape, destructive arson, rape, or carnapping
where the driver or occupant is killed or raped or offenses
under Republic Act No. 9165 (Comprehensive Dangerous
Drugs Act of 2002) punishable by more than twelve (12)
years of imprisonment, shall be deemed a neglected child
under Presidential Decree No. 603, as amended, and shall
be mandatorily placed in a special facility
within the youth care faculty or ‘Bahay Pag-
asa’ called the Intensive Juvenile Intervention
and Support Center (IJISC).
• “SEC. 20-B. Repetition of Offenses. – A child who is above
twelve (12) years of age up to fifteen (15) years of age and
who commits an offense for the second time or
oftener: Provided, That the child was previously subjected to a community-
based intervention program, shall be deemed a neglected child under
Presidential Decree No. 603, as amended, and shall
undergo an intensive intervention program supervised by
the local social welfare and development
officer: Provided, further, That, if the best interest of the
child requires that he/she be placed in a youth care facility
or ‘Bahay Pag-asa’, the child’s parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided, finally, That if
the child has no parents or guardians or if they refuse or fail to execute the written
authorization for voluntary commitment, the proper petition for involuntary
commitment shall be immediately filed by the DSWD or the LSWDO pursuant to
Presidential Decree No. 603, as amended.”
• “SEC. 20-C. Exploitation of Children for
Commission of Crimes. – Any person who, in
the commission of a crime, makes use, takes
advantage of, or profits from the use of
children, including any person who abuses
his/her authority over the child or who, with
abuse of confidence, takes advantage of the
vulnerabilities of the child and shall induce,
threaten or instigate the commission of the
crime, shall be imposed the penalty
prescribed by law for the crime committed in
its maximum period.”
• “SEC. 20-D. Joint Parental Responsibility. –
Based on the recommendation of the multi-
disciplinary team of the IJISC, the LSWDO or
the DSWD, the court may require the parents
of a child in conflict with the law to undergo
counseling or any other intervention that, in
the opinion of the court, would advance the
welfare and best interest of the child.
• “SEC. 20-E. Assistance to Victims of Offenses
Committed by Children. – The victim of the
offense committed by a child and the victim’s
family shall be provided the appropriate
assistance and psychological intervention by
the LSWDO, the DSWD and other concerned
agencies.”
 Other Laws on Children
• R.A. 10157 (Kindergarten Education Act)
• R.A. 10410 (Early Years Act)
• R.A. 10533 (Enhanced Basic Education Act)
 Other Laws on Children
• R.A. 10821 (Children’s Emergency Relief and
Protection Act)
• R.A. 8044 (Youth in Nation Building Act)
• R.A. 9255 (An act allowing illegitimate children
to use the surname of their father amending
article 176 of E.O. 209 otherwise known as the
Family Code of the Philippines)
Rights of Persons Living with
Disabilities
 R.A. 7277
• Magna Carta for Disabled Persons
• Disabled Persons
– Are those suffering from restrictions or different
abilities as a result of a mental, physical or sensory
impairment, to perform and activity in the manner
or within the range normal for a human being
 R.A. 9442
• An act amending R.A. 7277, signed April 2007
• Disabled Persons to Persons with Disabilities
• 20% discounts
• Incentives for caring and living with PWDs
• Penalties for ridiculing PWDs
 R.A. 10070
• ESTABLISHING INSTITUTIONAL MECHANISM
TO ENSURE THE IMPLEMENTATION OF PROGRAMS
AND SERVICES FOR PERSONS WITH DISABILITIES IN
EVERY PROVINCE, CITY AND MUNICIPALITY,
AMENDING REPUBLIC ACT NO. 7277, OTHERWISE
KNOWN AS THE MAGNA CARTA FOR DISABLED
PERSONS•, AS AMENDED, AND FOR OTHER PURPOSES
 R.A. 9288
• Newborn Screening act of 2004
• Newborn Screening
– Process of collecting a few drops of blood from a
newborn onto an appropriate collection card and
performing biochemical testing for determination
if a newborn has a heritable condition
• Newborn screening must be performed after
24 hours of life
 R.A. 9709
• Universal Newborn Hearing Screening and
Intervention Program
• All infants born in Hospitals shall undergo
newborn hearing screening before discharge
but not later than 3 months after birth
Solo Parents
 R.A. 8972
• Solo Parent Welfare Act of 2000
• An act providing for the benefits and
privileges to solo parents and their children
 Who is a solo parent?
• A woman who gives birth as a result if rape or
crimes against chastity
• Parent left solo due to death of spouse
• Parent left solo due to the spouse being
detained for at least 1 year or serving a
sentence for criminal conviction of at least 1
year
 Who is a solo parent?
• Parent left solo due to physical and/or mental
incapacity of spouse
• Parent left solo due to legal separation or de
facto separation for at least 1 year
• Parent left solo due to nullity or annulment of
marriage
• Parent left solo due to abandonment of
spouse for at least 1 year
 Who is a solo parent?
• Unmarried mother or father who has
preferred to keep and rear his/her children
• Any other person who solely provides parental
care to a child provided that he/she is duly
licensed as a foster parent or duly appointed
legal guardian
 Who is a solo parent?
• Any family member (4th degree of
consanguinity) who assumes the responsibility
of head of family due to death and
abandonment, disappearance, or prolonged
absence for at least 1 year of the paremts or
solo parent
 Comprehensive Package of Services
• Work related benefits
– Flexible work schedule
– Protection against work discrimination
– Parental leave (not more than 7 days)
• Housing Benefits
• Psychosocial Services
• Health services
 Comprehensive Package of Services
• For solo parent below the poverty line
– Livelihood Development Assistance
– Educational Assistance (CHED, TESDA, DepEd)
 How to avail?
Application Issuance of
at the Assessment Solo Parent
LSWDO ID
• Filled out • Interview
application form • Home visit
• Barangay • SCSR
residency • Assessment (30
certificate days)
• Documentation • Registration
as solo parent
• Evidence of
income level
Elderly
 R.A. 9257

AN ACT GRANTING ADDITIONAL BENEFITS AND

PRIVILEGES TO SENIOR CITIZENS AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 7432, OTHERWISE
KNOWN AS "AN ACT TO MAXIMIZE THE
CONTRIBUTION OF SENIOR CITIZENS TO NATION
BUILDING, GRANT BENEFITS AND SPECIAL
PRIVILEGES AND FOR OTHER PURPOSES"
 Benefits
• 20% discounts in hotels, restaurants,
recreation centers, funeral parlors
• 20% discounts on medicines, medical and
dental services, admission fees to theaters and
domestic travel
• Tax exemption
• Express lanes
• Educational assistance
 Office for Senior Citizens Affairs
• Headed by a senior citizen appointed by the
local chief executive for a term of 3 years
• Assisted by the LSWDO
• Funded by the local government
 R.A. 9994
• Expanded senior citizens act of 2010
 Specific Amendments
• Exemption from value added tax on
discounted goods and services
• Free medical and dental services in
government hospitals for indigent senior
citizens
• Mandatory PhilHealth coverage by LGUs
• Social Pension P500/month
• Burial expenses P2000
• 5% discount from water bills (30 cubic m) and
electric bills (below 100 kilowatt hrs)
• Senior Citizens’ Ward in all government
hospitals
• Honorarium for OSCA Head (SG 10)
 R.A. 10645
• AN ACT PROVIDING FOR THE MANDATORY
PHILHEALTH COVERAGE FOR ALL SENIOR
CITIZENS, AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 7432, AS AMENDED BY
REPUBLIC ACT NO. 9994, OTHERWISE KNOWN
AS THE “EXPANDED SENIOR CITIZENS ACT OF
2010
Marginalized Poor
 R.A. 8425
• An act institutionalizing the social reform and
poverty alleviation program, creating the
National Anti-Poverty Commission
 National Anti-Poverty Commission
(NAPC)
• acts as the coordinating and advisory body
that exercises oversight functions in the
implementation of the Social Reform Agenda
(SRA) and ensures that is incorporated into
the formulation of the national, regional, sub-
regional and local development plans.
 COMPOSITION of NAPC
• Chairman
• Lead convenor
• Heads of government agencies
• Presidents of leagues of LGUs
• Representatives of Basic Sectors
 R.A. 8371
• Indigenous People’s Rights Act of 1997
• Created the National Commission on
Indigenous Peoples
 Rights and Aspirations
• Right to Ancestral Domain
– Conversion of Certificates of Ancestral Domain
Claims to CADT
– Free and informed consent of IP communities for
projects within ancestral lands
• Right to self-governance and empowerment
• Social Justice and Human Rights
• Cultural Integrity
Women’s
Rights
History
 Current Realities

• Physical Violence (1 in 10 Married Women)

• Forced first sexual intercourse ( 1 in 25
Women)
• Sexual Violence (1 in 10 Women)

– PCW.GOV.PH
 CEDAW
• Convention on the Elimination of all forms of
Discrimination Against Women
• Adopted by UN on December 18, 1979
• Ratified by Philippines on August 1981
 CEDAW Guarantee’s Women’s Rights
to…
• Be free from all forms of violence whether
physical, mental or economic (Art. 6)
• Be free from all forms of traffic in women and
exploitation of prostitution (Art. 6)
• Report legislation in force to protect women
against all kinds of violence in everyday life
and existence of support services (General
Recommendation 12 and 19)
 Rights of Women
Quality Education Health Services Quality Education
Access to financial Leisure, sports Family Planning
credits and Cultural
Activities
Shared Parental Jobs, benefits and
Equal Pay
Responsibilities social security
Freedom from Vote, Run and Represent the
Violence and Hold Public Office country
Exploitation
Acquire, Change or Retain Nationality and Citizenship
 DEVAW
• UN Declaration on the Elimination of Violence
Against Women
• For the purposes of this Declaration, the term
"violence against women" means any act of
gender-based violence that results in, or is likely
to result in, physical, sexual or psychological harm
or suffering to women, including threats of such
acts, coercion or arbitrary deprivation of liberty,
whether occurring in public or in private life.
 Various Forms of Violence Against
Women
• Physical, Sexual and Psychological violence…
– Occurring in the family
– Occurring with the general community
– Perpetrated or condoned by the state
 LEGAL REFORMS AFFECTING WOMEN

• 1987 Constitution, Art. II, sec. 14. The State

recognizes the role of women in nation-
building and shall ensure the fundamental
equality before the law of women and men.
AMENDMENT OF DISCRIMINATORY STATUTES

1. RA 6725 (1989) – amending Art. 135 of Labor

Code – “unlawful for any employer to
discriminate any woman employee with
respect to terms and conditions of
employment solely on account of her sex.”
2. Labor Code
• Art. 136 – Prohibits precondition for employment
not to get married
• Art. 137 – prohibits the discharge of women on
account of her pregnancy
Cases: Zialcita v. PAL, DOLE Case No. R04-3-
3399-76, May 27, 1976;
PT&T Co. v. NLRC, G.R. No. 118978, 23 May
1997
4. RA 7322 (1992) – increased maternity
benefits given to women workers in the
private sector and equalized maternity
benefits given to public sector under the
Revised GSIS Act.
5. RA 8187 (1996) – Paternity Leave Act which
entitles fathers 7 days leave for first 4
deliveries of legitimate spouse with whom
he is cohabiting
 Magna Carta OF Women

• Original version of the MCW was entitled

Magna Carta for Rural Workers, filed in the
12th Congress (2001-2004).

• 13th Congress (2004-2007)– re-filing of bill on

Magna Carta for Rural Workers; eventually
revised as proposed Magna Carta for Women;
principal author-Rep. Josefina Joson
• 14th Congress (2007-2010)- re-filing of bill
• Formation of the Study and Action Core
Group (SACG), composed of PILIPINA as
convenor, other women's NGOs and POs,
NCRFW, staff from the Supreme Court, and
staffs of legislators , to study how the
proposed Magna Carta for Women can be
further strengthened and improved as a
national translation of CEDAW
Universal
Inalienable
Indivisible
Interrelated and Interdependent
(RA 9710) SEC. 3. Principles of Human Rights of
Women.

Rights Based Approach

 Rights and Empowerment

(RA 9710) SEC. 8. Human Rights of Women.

SEC. 9. Protection from Violence.
*Mandatory Training for
government personnel involved
in the protection and defense of
women
*VAW Desk in every barangay
 Rights and Empowerment

SEC. 11. Participating and Representation

*Incremental increase of women in 3rd level
position
RIGHT AGAINST DISCRIMINATION
RA 9710 sec 13; Right to equal access and
elimination of discrimination in education,
scholarships, and training:
–Use of gender-sensitive language and
revision of gender stereotypes and images in
educational materials and curricula
–Encouraging enrollment of women in non-
traditional skills training in vocational and
tertiary levels
–Outlawing the expulsion and non-
readmission of women faculty due to
pregnancy outside of marriage

–Prohibiting schools from turning out or

refusing admission to a female student
solely on the account of her having
contracted pregnancy outside of marriage
during her term in school.
• Participation of women and girls in sports

• Elimination of discrimination against

women in the military, police and other
similar services

• Non-discriminatory and non-derogatory

portrayal of women in media and film

14
7
RA 9710 irr. SECTION 15.
Equal Treatment Before the Law

*family code of the Philippines

art. 14 fathers consent on marriage of children
under 21 (SBN 2072)
art. 96, 124 on community property (HB 4613)
art. 211 0n children(HB 4613)
Art. 55 (1), repeated physical abuse as a ground
for legal separation (HB 1799)
*RPC (Revised Penal Code)
art. 202 prostitution (R.A. 9208, S.B. 2341)
art. 333, 334 adultery, concubinage (S.B. 1296)
Art. 247, death under exceptional circumstances
(S.B. 2565)
*RA 8353 (Anti-Rape Law)
Rape is committed:
1. By a man who shall have carnal
knowledge of a woman under any of the
following circumstances:
a. Through force, threat or
intimidation;
b. When the offended party is
deprived of reason or otherwise unconscious
 c. By means of fraudulent
machination or grave abuse of authority; and
d. When the offended party is under
12 years of age or is demented, even though
none of the circumstances mentioned above
be present
2. By a person, who, under any of the
circumstances mentioned in par. 1, shall
commit an act of sexual assault by inserting
his penis into another person’s mouth or anal
orifice, or any instrument or object, into the
genital or anal orifice of another person (Art.
266-A)
• Art 266 (c) Effect of Pardon-The subsequent
valid marriage between the offender and the
offended party shall extinguish the criminal
action or the penalty imposed.
Sec. 17. Women’s Right to health
• Access to maternal care
• Responsible, ethical, legal, safe and effective
methods of family planning
(RA 9710) SEC. 18. Special Leave Benefits for
Women.

– A woman employee having rendered

continuous aggregate employment service of
at least six (6) months for the last twelve (12)
months shall be entitled to a special leave
benefit of two (2) months with full pay based
on her gross monthly compensation following
surgery caused by gynecological disorders.
 RIGHT TO MARRY

(RA 9710) SEC. 19. Equal Rights in All Matters

Relating to Marriage and Family Relations.
•Right to live together
Formal requisites of marriage

celebrant

MALE FEMALE

Witness Witness
1 2
LEGAL SEPARATION

ANNULMENT

DIVORCE
 RIGHT TO SHARE IN THE COMMUNITY
PROPERTY

COMMUNITY PROPERTY

CONJUGAL PROPERTY
Exceptions:
Mana
Personal Property
 Institutional Mechanisms
(RA 9710) SEC. 37. Gender Mainstreaming as a
strategy for implementing the MCW.
*Planning, Budgeting (At least 5%), Monitoring
and Evaluation of GAD
*GAD Data base
 R.A. 9262

“Anti-Violence against
Women and their Children
Act of 2004″
 Violence Against Women and Their
Children

Husband
Former Husband
Woman Vs. Common law partner
Boyfriend
sexual or dating relationship
 Punishable Acts
• Physical Violence
refers to acts that include bodily or
physical harm;
 Psychological Violence

– violence refers to acts or omissions causing or

likely to cause mental or emotional suffering to
the victim such as but not limited to intimidation,
harassment, stalking, damage to property, public
ridicule or humiliation, repeated verbal abuse, and
marital infidelity.
 Economic Violence

– 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
 Sexual Violence

– 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; and
prostituting the woman or her child.
 Protection Orders
• Barangay Protection Order (BPO)
– refer to the protection order issued by the
barangay ordering the perpetrator/respondent to
desist from committing acts
– Ex parte
– Effective for 15 days
 Who issues and how?
• Punong Barangay (ex parte)

• Barangay kagawad (with attestation)

• No mediation and conciliation

• FREE of CHARGE
• Statements must be printed in bold-faced type
or all in capital letters

• The PB or Kagawad shall serve a copy of the

BPO to the respondent
 Service of BPO to the Respondent
• BPO is deemed served upon receipt there of
of the respondent or any adult

• In case the respondent is not around or

refuses to accept the BPO
 Documentation
• The PB or Kagawad and the Barangay
Secretary, shall record all BPOs in a logbook
specifically in VAWC cases

• They shall submit a quarterly report ofall BPOs

issued to the DILG
 Violation of the BPO
• Punishable by imprisonment of 30 days
• File directly to the MTC or family court
• Initiated by the PB or Kagawad (or any of the
barangay officials)
• If the PB or barangay officials refuses to
initiate complaint, the victim-survivor shall
have the right to file a case against these
barangay offficials
• Temporary Protection
Order
• Permanent Protection
Order
 Who may file Protection Order
• the offended party;
• b) parents or guardians of the offended party;
• c) ascendants, descendants or collateral
relatives within the fourth civil degree of
consanguinity or affinity;
• d) officers or social workers of the DSWD or
social workers of local government units
(LGUs);
• e) police officers, preferably those in charge of
women and children’s desks;
• f) Punong Barangay or Barangay Kagawad;
• g) lawyer, counselor, therapist or healthcare
provider of the petitioner; and
• h) 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.
 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
 - women suffering from BWS do not incur
any criminal or civil liability notwithstanding
the absence of any of the elements for
justifying circumstances of self-defense under
the RPC
Case: People v. Genosa, G.R. No. 135981, Jan.
15, 2004
- courts to be assisted by expert
psychologists or psychiatrists
• 10 days paid leave
• Exemption from court fees
• 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.
Social Workers
 R.A. 4373
• An act to regulate the practice of social work
and the operation of social work agencies in
the Philippines and for other purposes
• Examination and registration of Social Workers
• Registration of Social Work Agencies
 Qualifications of Applicants (Social
Worker)
• (a) He or she is a citizen of the Philippines;
(b) He or she is at least twenty-one years of age;
(c) He or she is in good health and is of good moral character;
(d) He or she has received a diploma as holder of a bachelor's
degree in social work from an institution, college or university duly
accredited and legally constituted; and
(e) He or she has completed a minimum period of one thousand
case hours of practical training in an established social work agency
under the direct supervision of a fully trained and qualified social
worker.
 Requirements for Registration (Social
Work Agency)
1. That the applicant must be engaged mainly or generally in
social work activity;
2. That the applicant has employed a sufficient number of duly
qualified and registered social workers to supervise and take
charge of its social work functions in accordance with
accepted social work standards;
3. That the applicant must show in a duly certified financial
statement that at least sixty percent of its funds are disbursed
for direct social work services; and
4. That the applicant keeps a social work record of all cases and
welfare activities handled by it.
 R.A. 9433
• Magna Carta for Public Social Workers
• All government social work agencies and
institutions shall be headed by registered
social workers except for cabinet and non-
career positions. Priority shall be given to
registered social workers in filling up social
work positions in the government. (Sec. 5)
• The Social Work Management and
Consultative Council shall develop a career
ladder and classification system for all social
work positions in government service:
Provided, That all position classification shall
carry Social Worker title (Sec. 8)
• ‘On Call’ pay equivalent to fifty percent (50%)
of his/her regular wage. (Sec. 10)
• Upon retirement, a public social worker shall
automatically be granted an increase of one
salary grade higher than his/her basic salary
and his/her retirement benefits shall be
computed on the basis of his/her highest
salary received. (Sec. 14)
• Other benefits: Hazard Pay, Transportation
Allowance, Clothing Allowance etc. (Sec. 15)
 Other Laws
• R.A. 9994
– Expanded Senior Citizen act of 2010
• R.A. 9995
– Anti-photo and voyeurism act of 2010
• R.A. 9165
– Comprehensive Dangerous Drugs Act of 2002
• R.A. 9745
– Anti-torture Act of 2009
• R.A. 9999
– Free Legal Assistance Act of 2009
• R.A. 8049
– Anti-hazing act 2009
• R.A. 8369
– An act Establishing Family Courts
• R.A. 9729
-Philippine Climate Change Act of 2009
• R.A. 8749
– Clean air act of 1999
• R.A. 9003
– Solid Waste Management Act 2000
• R.A. 10361
– Domestic Workers Act or Batas Kasambahay
• R.A. 8504
– Philippines AIDS Prevention and Control Act of
1998