FOURTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES )

First Regular Session

Introduced by Senator Loren Legarda

EXPLANATORY NOTE

This bill seeks to provide the necessary mechanisms to enforce and guarantee the
realization of women's rights as well as adopt and undertake steps to include
temporary special measures which encompass a wide variety of legislative, executive,
administrative and other regulatory instruments, policies and practices aimed at
accelerating the equal participation of women in the political, economic, social, cultural,
civil or any other field.

The fundamental equality before the law of women and men is guaranteed by
the Constitution. This Constitutional provision is reiterated by R.A. No. 719.2, otherwise
known as "Women in Development and Nation Building Act of 1992," which promotes
the integration of women as full and equal partners of men in development and nation
building. Earlier, R.A. No. 6725, which was approved on May 12, 1989, prohibited
employers' discrimination against female employees, with respect to terms and
conditions of employment, solely on account of their sex.

According to the Department of Labor and Employment, women make up 40%

of the 37 million of the total number of employed Filipinos, specifically dominating the
office jobs. Furthermore, in 2006, the International Labor Organization has identified the
Philippines as having the world's highest ratio of women to men in executive positions,
with women occupying 58% of the same.

In spite of these, gender discrimination, stereotyping and exploitation and abuse

of women continue to exist and pervade in our social and cultural sphere. Despite the
fact that the Filipina has come a long way in the career ladder, women continue to be
abused, both physically and sexually, as shown by everyday reports of rape and wife
battery incidents. The pervasiveness of the abuse on women also contribute to the fact
that even though the Filipino women have greatly advanced in the professional level,
still, much of what Filipinos read, watch and hear every day in print and electronic
media are redolent of discrimination and gender stereotypes.

The need to institutionalize the rights of women arises, especially in this time of
social and economic advancement. This proposal, the Magna Carta of Women, seeks to
underscore the policy of the State in pursuing the fundamental equality of men and
women.
 Salient features of this bill include:

1.)Guaranteeing the institution of comprehensive health services for women;

2.) Upholding the rights of women in the marginalized sectors;
3.) Ensuring women’s right to livelihood, credit, capital and technology;
4.) Ensuring their right to housing through housing programs and consultations;
5.) Upholding their right to representation and participation with the plan of
a. increasing the recruitment and training of women in the police force,
forensics and medico-legal, legal services, and such other services
availed by women who are victims of gender-related offenses,
b. achieving a fifty-fifty gender balance in the third level positions in
government within the next five (5) years, and
c. ensuring at least 33% membership of women in all development
councils from the regional, provincial, city, municipal and barangay
levels;
6.) Reinforcing the implementation of the 5% Gender and Development (GAD)
budget;
7.) Strengthening the role of the National Commission on the Role of Filipino
Women (NCRFW) as the over-all monitoring body to ensure the
implementation of this Act;
8.) Establishing a GAD Ombudsman in the Commission on Human Rights;
9.) Establishing an incentives and rewards system for deserving entities,
government agencies and local government units for their outstanding
performance in upholding the rights of women.

The empowerment of women shall translate into empowerment of the society as

a whole as women are integral partners in nation-building.

In view of the foregoing, the passage of this bill is earnestly sought.

Senator
FOURTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

Introduced by Senator Loren Legarda

AN ACT
PROMOTING THE EMPOWERMENT OF WOMEN,
UPHOLDING THEIR RIGHT TO REPRESENTATION AND PARTICIPATION,
ESTABLISHING AN INCENTIVES AND REWARDS SYSTEM FOR
DESERVING ENTITIES, GOVERNMENT AGENCIES AND LOCAL
GOVERNMENT UNITS FOR THEIR OUTSTANDING PERFORMANCE
IN UPHOLDING THE RIGHTS OF WOMEN, AND FOR OTHER PURPOSES

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

SECTION 1. Short Title. - This Act shall be known as "The Magna Carta of
Women".

SECTION [Link] ofpolicy. - The State recognizes the role of women in

nation building and shall ensure the substantive equality of women and men. It shall
promote the empowerment of women and pursue equal opportunities for men and
women as well as ensure their equal access to resources and to development results and
outcome.

It condemns discrimination against women in all its forms and pursues by all,
appropriate means and without delay the policy of eliminating discrimination against
women in keeping with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and other international instruments. The
State shall accord to women the rights, protection, and opportunities available to every
member of society.

The State affirms women's rights as human rights and shall intensify its efforts to
recognize, respect, protect, fulfill and promote all human rights and fundamental
freedoms of women especially in the marginalized sectors of society to guarantee their
economic, social and cultural well-being without distinction or discrimination on
account of class, age, sex, .gender, language, ethnicity, religion, ideology, disability,
education and status.

The State shall provide the necessary mechanisms to enforce and guarantee the
realization of women's rights as well as adopt and undertake steps to include
temporary special measures which encompass a wide variety of legislative, executive,
administrative and other regulatory instruments, policies and practices aimed at
accelerating the equal participation of women in the political, economic, social, cultural,
civil or any other field. Temporary special measures must be discontinued when their
desired results have been achieved and sustained for a period of time.

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 The State, in ensuring the full integration of women’s concerns in the mainstream
of development, shall provide ample opportunities to enhance and develop their skills,
acquire productive employment and contribute to their communities to the fullest of
their capabilities.

In pursuance of this policy, the State recognizes the right of women in all sectors
to participate in policy formulation, planning, organization, implementation,
management monitoring, and evaluation of all programs and projects. It shall support
policies, researches, technology and training programs and other support services such
as financing, production and marketing to encourage active participation of women in
national development.

SECTION 3. Definitions. - For purposes of this Act, the following terms shall
mean:
(A)Empowement refers to the provision, availability and accessibility of
opportunities which enable women to actively participate and contribute to the
political, economic, social, and cultural development of the nation as well as
those which shall provide them equal access to ownership, management and
control of production, and of material and informational resources and benefits
in the family, community and society;

(B) Discrimination Against Women refers to any gender-based distinction,

exclusion or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other field;

(C)Marginalization - a condition where a whole category of people is expelled

from useful participation in political, economic, social and cultural life and
is potentially subjected to severe material deprivation and even
extermination.

(D) The marginalized refer to the basic, disadvantaged, or vulnerable persons

or groups who are mostly living in poverty and have little or no access to
land and resources, basic social and economic services such as health care,
education, water and sanitation, employment and livelihood opportunities,
housing, social security, physical infrastructure and justice system.

These include women in the following:

1. Small Farmers and Rural Workers. - refer to those who are engaged directly
or indirectly in small farms and forest areas, workers in commercial farms
and plantations, whether paid or unpaid, regular or season-bound. These
shall include but not limited to (a) small farmers who own or are still
amortizing for lands that is not more than three (3) hectares, tenants,
leaseholders, and stewards; (b) rural workers who are either wage earners,
self-employed, unpaid family workers directly & personally engaged in
agriculture, small scale mining handicrafts and other related on-farm/off-
farm activities

2
2. Fishers. - refer to those directly or indirectly engaged in taking, culturing or
processing fishery or aquatic resources. These include, but are not be limited
to, women engaged in fishing in municipal waters and coastal areas, women
workers in commercial fishing and aquaculture, vendors and processors of
fish and coastal products, and subsistence producers such as shell-gatherers,
managers and producers of mangrove resources and other related producers.

3. Urban Poor - natural person/s residing in urban and urbanizable slum or

blighted areas, with or without the benefit of security of tenure, where the
income of the head of the family cannot afford in a sustained manner to
provide for the fainily the minimum basic needs of food, health, education,
housing and other essential amenities in life.

-
4. Worlcers in the Formal Economy refer to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to
an employee and shall include the Government and all its branches,
subdivision and instrumentalities, all government-owned or controlled
corporations and institutions, or as well as non-profit private institutions, or
organizations.

5. Workers in the Informal Economy. - shall refer to self-employed and all those
without employer - employee relationship.

6. Migvant workers. - shall refer to Filipinos who are to be engaged, are

engaged or have been engaged in a remunerated activity in a State of which
they are not legal residents whether documented or undocumented.

7. Indigenous Peoples. - refer to those who are members of any indigenous

peopIes/indigenous cultural communities of the Philippines as defined under
Section 3(h), Chapter I1 of Republic Act No. 8371 otherwise known as ”The
Indigenous People’s Rights Act of 1997” (IPRA of 1997).

8. Moro - refer to indigenous peoples that historically inhabited Mindanao,

Palawan and Sulu, and who are of the Islamic faith.

9, Children. - shall refer to children below eighteen (18) years of age or those 18
and over but are unable to fully take care of themselves or protect themselves
from abuse, neglect, cruelty, exploitation or discrimination because of a
physical or mental disability or condition.

10. Senior Citizens - shall refer to those sixty (60) years of age and above

11. Persons with Disabilities. - shall refer to those who are suffering f r o a
restriction or different abilities, as a result of a mental, physical or sensory
impairment to perform an’ activity in the manner or within the range
considered normal for a human being.

12. Solo Parents. - shall refer to those who fall under the category of a. solo
parent defined under Republic Act No. 8972, otherwise known as the ”Solo
Parents Welfare Act of 2000”.

3
 (E) Gender - refers to the socially differentiated roles, characteristics and
expectations attributed by culture to women and men. It is created, produced,
reproduced and maintained by social institutions.

Gender roles and attributes are not natural nor biologically given.

(F) Gender Equality indicates that men and women enjoy the same status; have
equal conditions for realizing their full human potentials to contribute to and
benefit from the results of development

(G) Gender and Development (GAD) refers to the development perspective and
process that are participatory and empowering, equitable, sustainable, free from
violence, respectful of human rights, supportive of self-determination and
actualization of human potentials. It seeks to achieve gender equality as a
fundamental value that should be reflected in development choices; seeks to
transform society’s social, economic and political structures and questions the
validity of the gender roles they ascribed to women and men; contends that
women are active agents of development and not just passive recipients of
development assistance, and stresses the need of women to organize themselves
and participate in political processes to strengthen their legal rights;

( H ) Gender Mainstreaming is the process of assessing the implications for

women and men of any planned action, including legislation, policies or
programs, in all areas and at all levels. It is a strategy for making women’s as
well as men’s concerns and experiences an integral dimension of the design,
implementation, monitoring and evaluation of policies and programs in all
political, economic and societal spheres so that women and men benefit equally
and inequality is not perpetuated.

(I) Violence against Women refers to 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. It shall be
understood to encompass, but not be limited to, the following:

[Link], sexual, psychological, and economic violence occurring in the family,

including battering, sexual abuse of female children in the household, dowry-
related violence, marital rape, and other traditional practices harmful to women,
non-spousal violence and violence related to exploitation;

2. physical, sexual and psychological violence occurring within the general

community, including rape, sexual abuse, sexual harassment and intimidation at
work, in educational institutions and elsewhere, trafficking in women and
prostitution;

3. Physical, sexual and psychological violence perpetrated or condoned by the

state, wherever it occurs.

As defined in R.A. 9262,

Physical violence shall mean bodily or physical harm.

4
 Sexual violence shall mean any act that is sexual in nature, including but not
limited to: rape; sexual harassment; acts of lasciviousness; treating the women or
her child as a sex object; making demeaning and sexually suggestive remarks;
physically attacking the sexual parts of the victim’s body; forcing the victim to
watch obscene publications and indecent shows; forcing the victim to do
indecent acts and/ or make films thereof; forcing the wife and mistress/lover to
live in the conjugal home or to sleep together in the same room with the abuser;
causing or attempting to cause the victim to engage in sexual activity by force,
physical or other harm, coercion or threats thereof; prostitutii?g the women or
her child.

Psychological violence shall mean acts or omissions causing 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; marital infidelity; causing or allowing the victim to witness the physical,
sexual, or psychological abuse of a family member; causing or allowing the
victim to witness pornography in any form; causing or allowing the victim to
witness abusing injury to pets; unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

Economic vioZence shall mean acts that make a woman financially dependent,
including: withdrawal of financial support; prevgnting the victim from engaging
in any legitimate profession, occupation, business or activity; deprivation of
financial resources and the right to conjugal, community or property owned in
common; destroying household property or controlling the victim’s own money
or properties.

SECTION 4. Human Rights of Women. - All rights recognized under

international instruments duly signed and ratified by the Philippines, including rights
under the Constitution and other existing laws, shall be rights of women under this Act
to be enjoyed without discrimination.

SECTION 5. Protection from Violence- The State shall ensure that all women
shall be protected from all forms of violence as provided for in existing laws. Agencies
of government shall give priority to the defense and protection to women against
gender-based offenses and help women attain justice and healing. Towards this end,
measures to prosecute and reform offenders shall likewise be pursued.

(A). Within the next five years, there shall be an incremental increase in the
recruitment and training of women in the police force, forensics and medico-legal, and
legal services and such other services availed by women who are victims of gender -
related offenses, until 50% of personnel shall be women.

(B). Women shall have the right to protection and security in situations of armed
conflict and militarization. The State shall observe international standards, particularly
International Humanitarian Laws, for the protection of civilian population in
circumstances of emergency and armed conflict. It shall not force women, especially
indigenous peoples, to abandon their lands, territories and means of subsistence, or
relocate them in special centers for military purposes under any discriminatory
condition.

(C). All government personnel involved in the protection and defense of women
against gender-based violence shall undergo a mandatory training on human rights and
5
gender sensitivity pursuant to this Act.

SECTION 6. Participation and Representation. The State shall undertake

temporary special measures to accelerate the participation and representation of women
in all spheres of society particularly in the decision-making and policy-making
processes in government and private entities to fully realize their role as agents and
beneficiaries of development.

The State shall institute affirmative action mechanisms so that women can
participate meaningfully in the formulation, implementation and evaluation of policies,
plans and programs for national, regional and local development;

(A) Empowerment in Civil Service. Within the next five (5) years, the number of
women in third level positions in government shall be increased to achieve a fifty-fifty
gender balance.

(B) Development Councils and Planning Bodies. To ensure the participation of

women in all levels of development planning and program implementation, at least
33% of membership of all development councils from the regional, provincial, city,
municipal and barangay levels shall be composed of women.

(C) Other policy and decision-making bodies. Women’s groups shall also be
represented in international, national and local special and decision-making bodies such
as, but not limited, to agricultural, fisheries, agrarian reform and anti-poverty councils.

(D) International bodies. The State shall take all appropriate measures to ensure
that women, on equal terms with men and without any discrimination, the opportunity
to represent their Governments at the international level and to participate in the work
of international organizations.

(E) Integration of Women in Political Parties. The State shall provide incentives
to political parties with women’s agenda and with women comprising at least 33% of
their leadership and/or membership. It shall likewise encourage the representation of
women in their internal policy-making structures, appointive and electoral nominating
processes.

(F) Private sector. The State shall take measures to encourage women leadership
in the private sector in the form of incentives.

SECTION 7. Equal Treatment before the Law. The State shall take steps to
review and when necessary, amend and/or repeal existing discriminatory laws within
three years from effectivity of this Act.

SECTION 8. Equal Access and Elimination of Discrimination in Education,

Scholarships and Training.

(A) The State shall remove gender stereotypes and images in

educational materials and curricula. Gender-sensitive language
shall be used at all times.

(B) Enrollment of women and men in non-traditional skills training in

vocational and tertiary levels shall be encouraged.

6
 (C) Expulsion of women students for single pregnancy shall be
outlawed.

SECTION 9. Nan-discriminatory Portrayal of Women in Media and Film - The

State shall formulate policies and programs for the advancement of women in
collaboration with media-related organizations from the private sector. It shall likewise
endeavor to raise the consciousness of the general public in recognizing the dignity of a
woman, and the role and contribution of women in the family, community and the
society through the strategic use of the mass media.

For this purpose, the State shall provide incentives to encourage programming
that appropriately present women’s needs, issues and concerns in movies, television
shows, advertisements and print media, and support media watch groups, media
professional associations and women’s organizations. Similarly, gender-sensitivity
training (GST) programs for all media practitioners including producers, directors,
managers, journalists, news editors, news reporters, publishers as well as those in the
movie and advertising industries shall be organized to encourage the creation and use
of non-stereotyped, balanced, diverse and positive images of women in media. The use
of gender-fair language shall also be encouraged specifically in the practice of their
profession.

The MTRCB shall revise its rules and regulations to discourage unfair or
derogatory portrayal of women in both media and film.

SECTION 10. Access to Information and Services relating to Women’s Health;

(A) Comprehensive Health Seruices. - The State shall at all times provide for
comprehensive gender responsive health services and programs covering all stages of a
woman’s life cycle and ensure access to the following:

1. Maternal care services;

2. Nutrition package;
3. Reproductive health services;
4. Adolescent and youth health services;
5. Women and children protection services;
6. Screening and appropriate management of reproductive tract infections (RTIS)
including sexually transmitted infections (STIS), human immunodeficiency virus
(HIV) and acquired immune deficiency syndrome (AIDS), breast and reproductive
tract cancers, and other gynecological conditions;
7. Healthy lifestyle activities;
8. Care of the. elderly;
9. Health services for women with disabilities;
10. Post-menopausal services;
[Link] Services - Women shall be given provision and access to comprehensive
servicks which include psychosocial therapeutic interventions and assistance
towards healing, recovery and empowerment

(B) Comprehensive Health Information and Education. - The State shall provide
women in all sectors with timely, complete and accurate information and education on
all the above-stated aspects of women’s health, in government education and training
programs.

7
 Further, education programs on reproductive health shall always include the
following:

[Link] important role of parents in the total formation of their children

2. The formation of a person's sexuality that affirms human dignity
3. Natural and artificial family planning methods including fertility awareness

SECTION 11. Equal rights in all matters relating to marriage and family
relations. The State shall take all appropriate measures to eliminate discrimination
against women in all matters relating to marriage and family relations and shall ensure:

(1)The same right to enter into and leave partnerships or relationships other
than those referred to in the Family Code

(2) The same right to choose freely a spouse and to enter into marriage only with
their free and full consent. The betrothal and the marriage of a child shall
have no legal effect.

(3) The joint decision on the number and spacing of their chiIdren and to have
access' to the information, education and means to enable them to exercise
these rights;

(4) The same persona1 rights as husband and wife, including the right to choose
freely a profession and an occupation;

(5) The same rights for both spouses in respect of the ownership, acquisition,
management, administration, enjoyment, and disposition of property.

(6) The same rights to properties and resources, whether titled or not, and
inheritance, whether formal or customary.

Customary laws shall be respected provided, however, that they do not contradict the
above-enumerated rights.

CHAPTER IV
RIGHTS AND EMPOWERMENT OF MARGINALIZED SECTORS

SECTION. 12. The State recognizes the contribution of women to food

production and shall therefore ensure sustainability and sufficiency of its activities in
the household and community levels. To address this, the State shall ensure:

(A) Right to Food - The State shall guarantee the availability of food in
quantity and quality sufficient to satisfy the dietary needs of individuals; physical and
economic accessibility for everyone to adequate food, free from unsafe substances and
culturally accepted.

(B) Right to Resources for Food Production

The State shall promote the right to adequate food by proactively engaging in activities
intended to strengthen access to and utilization of resources and means to ensure their
livelihood, including food security:

8
1. Equal status shall be given to men and women, whether married or not, in the
titling of the land and issuance of stewardship contracts and patents;

2. Equal treatment shall be given to men and women beneficiaries of the

agrarian reform program, wherein vested right of a woman agrarian reform
beneficiary is defined by the woman’s relationship to the tillage, i.e. her direct
and indirect contribution to the development of the land;

3. Customary rights of women to the land, including access to and control of the
fruits and benefits, shall be recognized in circumstances where private
ownership is not possible such as ancestral domain claims;

4. Information and assistance on claiming rights to the land shall be made

available to women at all times;

5. Equal rights of women to the enjoyment, use and management of land and
water and other natural resources within their communities or ancestral
domains:

6. Equal access to the use and management of fisheries and aquatic resources,
and all the rights and benefits accruing to stakeholders in the fishing
industry;

7. Equal status shall be given to men and women in the issuance of stewardship
or lease agreements and other fishery rights that may be granted for the use
and management of coastal and aquatic resources. In the same manner,
women’s organizations shall be given equal treatment as with other
marginalized fishers organizations in the issuance of stewardship or lease
agreements or other fishery rights for the use and management of such
coastal and aquatic resources which may include providing support to
women-managed coastal resources;

8. These shall be no discrimination against women in the deputization of fish

wardens.

9. Women-friendly agriculture technology shall be designed based on

accessibility and viability shall be designed in consultation with women’s
organizations;

10. Access to small farmers-based and controlled seeds production and

distribution shall be ensured;

[Link] practices of women in seed storage and cultivation shall be

recognized;

12. Provide opportunities for empowering women fishers to be involved in the

control and management not only of the catch and production of aquamarine
resources but also to engage in entrepreneurial activities which will add value to
production and marketing ventures;
13. Provide economic opportunities for the indigenous women, particularly
access to market for their produce.

9
 SECTION 13. Rigkt to Housing - The State shall develop housing programs for
women that are localized, simple, accessible, secure, with viable employment
opportunities and affordable amortization. In this regard, the State shall consult women
and involve them in community planning and development especially in matters
pertaining to land use, zoning and relocation.

SECTION 14. Rigkt to Employment, Livelihood, Credit, Capital and

Tecknology- The State shall ensure that women shall be provided with the following:

(A)Equal access to formal sources of credit and capital at concessional rates;

(B) Equal share to the produce of the farms and aquatic resources;

(C) Support services and gears to protect them from occupational and health
hazards.

(D) Support services that will enable women to balance family obligations and
work responsibilities;

(E) Membership in unions regardless of status of employment and place of

employment;

(F) In recognition of the temporary nature of overseas work, the State shall exert
all efforts to address the causes of outmigration by developing local
employment and other economic opportunities for women and by
introducing measures to curb violence and forced and involuntary
displacement of local women. The State shall ensure the protection and
promotion of the rights and welfare of migrant women regardless of their
work status;

(G)Protection against discrimination in wages, conditions of work and

employment opportunities in host countries;

(H) Employment opportunities for returning women migrant workers taking

into account their skills and qualifications. Corollarily, the State shall also
promote skills and entrepreneurship development of returning women migrant
workers.

SECTION 15. Rigkt to Education And Training - The State shall ensure the
following:

(A) Participation in trainings and extension services related to rights enumerated

in Sections 6 and 8 of this Act;

(B) Gender-sensitive trainings and seminars;

(C) Equal opportunities in scholarship, especially to those interested in research

and development aimed towards women-friendly farm technology.

SECTION 16. Right to Representation and Participation - The State shall ensure
women’s participation in policy-making or decision-making bodies in the regional,
national, and international levels. It shall also ensure the participation of at least thirty
three percent (33%) grassroots women leaders in decision and policy making bodies in
10
their respective sectors, including but not limited to, Presidential Agrarian Reform
Council (PARC) and local counterparts; community-based resource management bodies
or mechanisms on forest management and stewardship; National Fisheries and Aquatic
Resources Management Council (NFARMC) and local counterparts; National
Commission on Indigenous Peoples, Presidential Commission for the Urban Poor and
where applicable, local housing boards; and National Anti-Poverty Commission.

SECTION 17. Right to Infomation - Access to information regarding policies on

women, including programs, projects and budget shall be ensured.

SECTION 18. Social Protection. -

(A) The Social Security System (SSS) and the Philippine Health Insurance Corporation
(Philhealth) shall support indigenous and community-based social protection schemes.
(B) The State shall endeavor to reduce and eventually eliminate transfer costs of
remittances from abroad through negotiations. It shall likewise provide access to
investment opportunities for remittances in line with national development efforts;
(C) The State shall establish alternative social security system and health insurance
program for senior citizens

SECTION 19. Recognition and Preservation of Cultural Identitybntegrity - The

State recognizes and respects the rights of Mor0 and indigenous women to practice,
promote, protect and preserve their own culture, traditions and institutions and to
consider these rights in the formulation and implementation of national policies and
programs. To this end, the State shall adopt measures in consultation with the sectors
concerned to protect their rights to their indigenous knowledge systems and practices,
traditional livelihood and other manifestations of their cultures and ways of life
provided that these cultural systems and practices are not discriminatory to women as
defined in this Act

SECTION 20. Peace and Development - Peace process shall be pursued with the
following considerations:

(A) Increase the number of women participating in decision making in the peace
process, including membership in peace panels;

(B) Ensure the development and inclusion of the women’s peace agenda in the
over-all peace strategy and women’s participation in the planning,
implementation, monitoring and evaluation of rehabilitation and rebuilding
of conflict-affected areas;

(C) Recognize and support women’s role in conflict-prevention and peacemaking

and in indigenous systems of conflict resolution

SECTION 21. Protection of Girl-children. -

(A)The State shall pursue measures to eliminate all forms of discrimination
against girl-children in education, health and nutrition and skills development.

(B) Girl-children shall be protected from all forms of abuse and exploitation
caused by negative cultural attitudes and practices as well as in the economic
exploitation of child labor.

(C) Equal access of Moro and indigenous girl children in the Madaris, schools of
11
 living culture and traditions and the regular schools, shall be ensured;

(D) Gender-sensitive curriculum, including legal literacy, books and curriculum

in the Madaris and school of living culture and tradition shall be developed.

(E) Sensitivity of regular schools to particular Mor0 and indigenous practices,

such as fasting in the month of Ramadhan, choice of clothing (including the
wearing of hijab), halal food shall be ensured.

SECTION 22. Protection of Senior Citizens - The State shall protect women
senior-citizen from neglect, abandonment, domestic violence, abuse, exploitation and
discrimination. Towards this end, the State shall ensure special protective mechanisms
and support services against violence, sexual abuse, exploitation and discrimination of
older women
CHAPTER V
INSTITUTIONAL MECHANISMS

SECTION 23. Gender Mainstreaming as a strategy f o r implementing the Magna

Carta of Women. All agencies, national and local, State colleges and universities,
government owned and controlled corporations including local government units, shall
adopt gender mainstreaming as a strategy to eliminate discrimination in their systems,
policies, programs, processes and procedures that shall include but not be limited to the
following:
(A) GAD plan and budget. GAD plans based on the government entity’s and
agency’s mandates or charter designed to empower women and gender issues, in
accordance with R.A. 7192 and the national framework plan for women for the
period, shall be developed. The development of the GAD plan shall proceed
from the conduct of gender analysis of policies and programs, review and
collection of sex-disaggregated data in consultation with gender/women’s rights
advocates and agency women clientele. Programs on economic empowerment
and strengthening of women’s bargaining powers in the globalized economy as
well as micro-finance and micro-enterprise development of women; poverty
alleviation and effective reduction of violence against women shall be priority
allocation. The cost of implementation of the GAD plan shall be at least five
percent (5%)of the agency’s total budget appropriations;

(B) GADfocaZ points. Key fulltime or permanent personnel shall be appointed

as GAD focal points in all government entities and agencies, both at the national
and local levels. They shall serve as the catalysts and/or advocates that will
facilitate the implementation of this Act. They shall likewise lead in the conduct
of GAD-related initiatives in their respective agencies;

(C) Sex-disaggregated data. All government entities and agencies shall develop
a systematic sex-disaggregated data gathering and gender analysis for planning,
programming and policy formulation;

(D) GAD related policies and plans. Implementation of this Act shall be
articulated in the following policies and plans:
1. Macro-economic policies and plans such as the Medium-Term Philippine
Development Plan and Medium-Term Philippine Investment Plan;

2. Other national programs such as poverty-alleviation and hunger mitigation;

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 3. Plans and programs of local government units such as the comprehensive
development plans, comprehensive land use plans, annual development
plans and annual investment plans.

In partnership with all relevant government agencies and institutions, non-

government and people’s organizations and the private sector, the NCRFW shall
develop a National Framework Plan for Women aimed at empowering women as well
as men to achieve gender equality, to be used as a guide in the formulation of the
abovementioned plans and programs.
Local government units (LGU’s) shail likewise be encouraged to legislate GAD Codes,
with the meaningful participation of women’s rights and gender advocates, in their
respective units.

SECTION 24. An officer duly trained on gender and development shall be

designated as the gender focal point in the consular section of Philippine embassies or
consulates. Said officer shall be primarily responsible in handling gender concerns of
women migrant workers. Attached agencies shall cooperate in strengthening the
Philippine foreign posts’ program for the delivery of services to women migrant
workers;

SECTION 25. The National Commission on the Role of Filipino Women

(NCRFW). As the primary coordinating agency and policy advisory on women and
gender concerns under the Office of the President, the NCRFW shall be the overall
monitoring body to ensure the implementation of this Act. In doing so, it shall direct all
agencies to report on the implementation of this Act and immediately respond to the
problems brought to their attention in relation to this Act. It shall also lead in ensuring
that government entities and agencies are capacitated on effective implementation of
this Law

SECTION 26. The Gender and Development (GAD) Ombudsman. A gender and
development Ombudsman shall be established in the Commission on Human Rights.
The GAD Ombudsman shall:

(1)monitor and oversee the strict implementation of this Act, in coordination

with NCRFW;
(2) on its own or on report or complaint, have the power to require information,
investigate or hear administrative complaint involving the possible violations
of this Act;
(3) use every and all reasonable means to ascertain the facts in the report or
complaint, in all instances observing due process;
(4) recommend to the President or the Civil Service Commission any possible
administrative action based on non-compliance or failure to implenient the
provisions of this Act;
(5) direct agencies to immediately respond to the problems brought to their
attention in relation to the implementation of this Act and report to the
Council on action taken;
(6) assist in filing of cases against individuals, agencies, institutions or
establishment that violate the provision of this Act.

SECTION. 27. Incentives and awards- there shall be established an incentives

and awards system which shall be administered by a board under such rules and
regulations as may be promulgated by the NCRFW to deserving entities, government
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agencies and local government units for their outstanding performance in upholding
the rights of women and effective implementation of gender-responsive programs.

CHAPTER VI
FINAL PROVISIONS

SECTION 28. Implementing Rules and Regulations. - As the lead agency, the
NCRFW shall, in coordination with the Commission on Human Rights and all
departments and agencies, formulate the Implementing Rules and Regulations (IRR) of
this Act within ninety (90) days after its effectivity.

SECTION 29. Separability Clause. - If any provision or part hereof is held

invalid or unconstitutional, the remainder of the law or the provision not otherwise
affected shall remain valid and subsisting.

SECTION. 30. Repealing Clause. - Any law, presidential decree or issuance,

executive order, letter of instruction, administrative order, rule or regulation contrary
to, or inconsistent with the provisions of this Act is hereby repealed, modified or
amended accordingly.

SECTION. 31. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,

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