POLITICAL- LEGAL

PERSPECTIVE
In
GENDER AND SEXUALITY
LESSON 18
“Violence Against Woman
and Their Children Act” or
Republic Act No.9262
REPUBLIC ACT NO.9262
AN ACT DEFINING VIOLENCE AGAINST WOMEN AND THEIR
CHILDREN, PROVIDING FOR PROTECTIVE MEASURES FOR
THE VICTIMS, PRESCRIBING PENALTIES THEREFORE, AND
FOR OTHER PURPOSES.
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.
 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,
DEFINITION or against a woman with whom the person has or had a
OF TERMS 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, harassment or arbitrary deprivation of liberty.
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:

 Rape, 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;
 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;
 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
DEFINITION behavioral symptoms found in women living in battering
relationships as a result of cumulative abuse.
OF TERMS
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
DEFINITION during the course of the relationship. A casual acquaintance or
ordinary socialization between two individuals in a business or
OF TERMS 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
DEFINITION temporarily to receive the victim.

OF TERMS
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.
 Relationship, past
Married or not;
or present;

CENTER OF Living or not;

Sexual or dating
relationship; and
APPROACH
Including Lesbian
relationship with
common child
LIABLE PERSONS ON VAWC

Boyfriend or Ex Father of the woman’s

Husband, ex- husband
boyfriend child

Any person with whom

Lesbian girlfriends/ the woman has/had a
partners or ex partners sexual or dating
relationship
SEC. 5. ACTS  The crime of violence against women and their children
OF is committed through any of the following acts:
a) Causing physical harm of the woman or her children;
VIOLENCE b) Threatening to cause the woman or her child a physical

AGAINST c)
harm;
Attempting to cause the woman or her child physical
WOMEN AND harm;
d) Placing the woman or her child in fear of imminent
THEIR physical harm;

CHILDREN.
 e) 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.
f) Inflicting or threatening to inflict physical harm on oneself for the
purpose of controlling her actions or decisions;

Continuation…. g) 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;
h) 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 belongings or inflicting harm to animals or pets of the woman or
her child; and
5) Engaging in any form of harassment or violence.

i) 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.
 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
Sec. 7. Venue. 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.
 A protection order is an order issued under this act for

Sec. 8. the purpose of preventing further acts of violence against a

woman or her child specified in Sec. 5 of this Act and

Protection 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
Orders. victim's daily life, and facilitating the opportunity and ability
of the victim to independently regain control over her life.
 Victim-survivors who are found by the courts to be
Sec. 26. suffering from battered woman syndrome do not incur any
criminal and civil liability notwithstanding the absence of
Battered any of the elements for justifying circumstances of self-
defense under the Revised Penal Code.
Woman
Syndrome as a In the determination of the state of mind of the woman
who was suffering from battered woman syndrome at the
Defense. time of the commission of the crime, the courts shall be
assisted by expert psychiatrists/ psychologists.
 Sec. 27. Being under the influence of alcohol, any illicit drug, or
any other mind-altering substance shall not be a defense
Prohibited under this Act.

Defense.
 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
Sec. 35. Rights assistance office;

of Victims. 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. 40.  The DSWD, and LGU's shall provide the victims
Mandatory temporary shelters, provide counseling, psycho-social
services and /or, recovery, rehabilitation programs and
Programs and livelihood assistance.

Services for  The DOH shall provide medical assistance to victims.

Victims.
 Sec. 41.  The DSWD shall provide rehabilitative counseling and

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
Treatment of be ordered by the Court to submit to psychiatric
treatment or confinement.
Offenders.
 The amount necessary to implement the provisions of
this Act shall be included in the annual General
Appropriations Act (GAA).
Sec. 45.
Funding 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.  Within six (6) months from the approval of this Act, the
Implementing DOJ, the NCRFW, the DSWD, the DILG, the DOH, and
the PNP, and three (3) representatives from NGOs to be
Rules and identified by the NCRFW, shall promulgate the
Implementing Rules and Regulations (IRR) of this Act.
Regulations.
  This Act shall take effect fifteen (15) days from the date
Sec. 50. of its complete publication in at least two (2) newspapers
of general circulation.

Effectivity.
March 08, 2004
LESSON 19
Laws and Policies an
Violence and
Discrimination of the
Members of LGBTQ+
 Lesbian, gay, bisexual and transgender (LGBT+) people in
the Philippines face legal challenges not faced by non-LGBT people.
 Lesbian, gay, bisexual and transgender people often face
disadvantages in getting hired for jobs, acquiring rights for civil
marriage, and even in starting up personal businesses.
 They also have a higher rate of suicide and suicide ideation compared
to heterosexuals.
 According to an international research, 10% of the world's population
are theoretically part of the LGBT community, out or not, including as
many as 12 million Filipinos who may experience discrimination
based on who they are. 
 This has led to the rise of the cause for LGBT rights, defined as the
right to equality and non-discrimination. As a member of the United
Nations, the Philippines is signatory to various international
covenants promoting human rights.
  The Magna Carta for Public Social Workers addresses
concerns regarding the discrimination of public social
workers because of their sexual orientation.
 Section 17. Rights of a Public Social Worker. – Public
Discrimination social workers shall have the following rights:
1.) Protection from discrimination on the grounds of sex,
protections sexual orientation, age, political or religious beliefs, civil
status, physical characteristics/disability or ethnicity;
2.) Protection from any form of interference, intimidation,
harassment, or punishment, to include, but not limited to,
arbitrary reassignment or termination of service, in the
performance of his/her duties and responsibilities
 The Magna Carta for Women also provides an insight regarding the state's duties
towards maintaining the rights of women, regardless of their sexual orientation:

“The State affirms women's rights as human rights and shall intensify its efforts
to fulfill its duties under international and domestic law to recognize, respect,
protect, fulfill, and promote all human rights and fundamental freedoms of
women, especially marginalized women, in the economic, social, political,
cultural, and other fields without distinction or discrimination on account of
class, age, sex, gender, language, ethnicity, religion, ideology, disability,
education, and status.”

 In 2001, an anti-discrimination bill banning discrimination based on sexual

orientation was unanimously approved by the House but it was stalled in the
Senate, and ultimately died.
  also known as the SOGIE Equality Bill.
 The only bill directly concerning discrimination against the LGBT
community in the Philippines.
 This bill seeks that all persons regardless of sex, sexual orientation
or gender identity be treated the same as everyone else, wherein
Anti- conditions do not differ in the privileges granted and the liabilities
enforced.
Discrimination  The bill was introduced by Hon. Kaka J. Bag-ao, the District
Representative of the Dinagat Islands, on July 1, 2013.
Bill  A huge bloc of lawmakers, collectively called the Equality
Champs of Congress, have been pushing for the full passage of
the Anti-Discrimination Bill for 18 years. More than 130
lawmakers backed its complete passage and legislation in the first
month of its reintroduction to Congress in 2016 alone.
 On September 20, 2017, the bill passed its third reading in the House of Representatives.
 In January 2018, the bill finally reached the period of amendments after the period of interpolations
was deemed finished. It took almost a year before it reached the period of amendments due to
conservative senators who vowed to block the bill until the very end.
 In February and March 2018, senators Sotto, Pacquiao and Villanueva renewed their call against
the passage of the bill in any of its possible forms. In June 2019, with the end of the session of the
17th Congress, the bill officially died, as the Senate had failed to tackle it in that session. The bill
has become one of the slowest-moving bills in the country's history.
 The passed house version of the bill would have penalized discrimination with a fine of not less
than ₱100,000 but not more than ₱500,000, or imprisonment of between one and six years,
depending on the court's decision.
 Senator Risa Hontiveros expressed confidence that the bill would pass the next Congress, and
commented on the bill's wider acceptance among policy makers and the public.
 In early July 2019, Senator Sonny Angara introduced a new proposal to Congress. "Any
form of discrimination threatens social stability and economic progress in the Philippines,
making it imperative that discrimination—or any act that establishes, promotes and
perpetuates standing inequalities and disregards the right to 'equality of treatment' afforded
by the 1987 Constitution—be reduced", Angara argued.
 The measure would prohibit unfair discrimination based on, among other categories, sex,
sexual orientation and gender identity and expression.
 In September 2019, President Duterte expressed in-principle support for the bill, though
stated that he personally preferred a general anti-discrimination law.
  Seven provinces prohibit discrimination on the basis of
sexual orientation and gender identity. 
These are; 

Local
1. Albay (2008)
2. Agusan del Norte (2014)

government 3. Batangas (2015)
4. Cavite (2014/18)
ordinances 5. Dinagat Islands (2016)
6. Ilocos Sur (2017)
7. Iloilo (2016).
The province of Cavite previously prohibited discrimination
based on sexual orientation only, but enacted gender identity
protections in 2018.
Anti-bullying Sexual orientation and gender identity are included as

prohibited grounds of bullying in the Implementing
Rules and Regulations (IRR) of the Anti-Bullying Law,
laws approved by Congress in 2013
Living conditions
 Religion- Several religious beliefs exists within the country, including Roman Catholicism,
the Aglipayan Church, Anitism and Islam, among many others. These different faiths have
their own views and opinions towards the topic of homosexuality.
1. Roman Catholicism-
• The Philippines is a predominantly Catholic country with approximately 82.9% of the population claiming
to be Roman Catholics. The Roman Catholic Church has been one of the most active religious
organizations in the country in opposition to the LGBT community.
• The Catholic Bishops' Conference of the Philippines firmly states that marriage should only exist between
a man and a woman. 
• They also stated that "A homosexual union is not and can never be a marriage as properly understood and
so-called."
• However, according to Archbishop Socrates Villegas, "being a homosexual is not a sin. It is a state of a
person.“ The Catholic Bishops’ Conference of the Philippines made a statement welcoming the LGBT
community, stating that gay people should be "welcomed with respect and sensitivity"
2. Metropolitan Community Church
• The Metropolitan Community Church (MCC) is a progressive, LGBT-affirming and
ecumenical Christian Denomination that started in Los Angeles, October 6, 1968. It has 3
local churches in the Philippines, Mandaluyong, Makati, and Baguio, has been celebrating
weddings between same-sex couples since the 1991.
• The local churches consider themselves as an ecumenical Christian church which performs
weddings for LGBTQI+ couples "regardless of their Christian backgrounds".
• The church leadership has said that "weddings are an inherent right of people who love each
other.
• The executive director of the non-governmental organization EnGendeRights has said that
while the same-sex marriages performed by the MCC are not recognized civilly or legally,
they are considered valid under the MCC's religious customs.
3. Philippine Independent Church
• The Philippine Independent Church (also known as Iglesia Filipina Independiente and Aglipayan
Church) has had a history of violence against members of the LGBT community.
• However, in the early 21st century, the church position changed dramatically to an extent where
the church leadership apologized through an official statement to the LGBT community.
• The apology statement's groundwork first came up in 2014, when a gay man articulated during the
church plenary his query about the church's plans for sexual minorities.
• This led to discussions among the newly elected set of national youth officers, led by an openly
gay president and a lesbian executive vice president, which would later be succeeded by another
openly gay president. The church position on LGBT persons was officially adopted by the entire
church in February 2017.
4. Iglesia ni Cristo
• The Iglesia ni Cristo adheres to the teachings of the Bible and they denounce those who
practice homosexual acts, as they are seen as immoral and wicked.
• The organization has been called by international human rights organizations as one of the
most homophobic religious sects operating in the Philippines.
• These acts include having sexual affairs and relations with partners of the same sex, cross-
dressing, and same-sex marriage. Furthermore, men are not allowed to have long hair, for it is
seen as a symbol of femininity and should be exclusive to women only. LGBT people born
into INC families reportedly suffer the greatest as their existence is branded explicitly as
wicked by their own family and the pastor of their locality.
• Hate crimes and forced conversion therapy committed by family members towards INC
LGBT teenagers have also surfaced and are backed by the Templo Sentral, the central
establishment of the INC church.
• The INC has been widely known to the Filipino LGBT community as the most dangerous
and discriminating religion for LGBT Filipinos. The church believes that no matter what a
person does, good or bad, if the person is homosexual (closeted or not), he or she will still
burn in hell.
5. United Methodist Church
• The position of the United Methodist Church towards LGBT-inclusiveness is divided worldwide. In
developed nations, members of the church tend to be more in favor of LGBT rights, whereas
members in developing nations tend to oppose.
• In 2019, during a worldwide church meeting, held in the United States, Filipino delegates voted in
favor of a strengthened ban on LGBT members. The agenda was approved with 438 voting in favor
and 384 voting against.

6. Islam
• For Muslim communities in the Philippines, dealing with homosexuality or transgender issues is a
matter of sin and heresy. The city of Marawi, which has declared itself as an "Islamic City", has
passed an ordinance that allows discrimination against LGBT citizens.
• The ordinance has yet to be challenged in court. Mohagher Iqbal, a senior MILF leader once said
that "we have no policy to kill gays and lesbians, but we discourage homosexuality". The statement
came after reports that LGBT people are fleeing Marawi and a surge of reported derision and abuse
at home and discrimination at school had steadily increased.
7. Anitism
• Indigenous belief systems and religions in the country, collectively known as Anitism, regard
homosexual acts as part of nature, and thus, acceptable, and to some extent, even sacred.
Local men dressed up in women's apparel and acting like women were called, among other
things, babaylan, bayoguin, bayok, agi-ngin, asog, bido and binabae.
• Some of these feminized men worked as spiritual leaders or shamans. They were respected
leaders and figures of authority: religious functionaries and shamans. However, due to the
influential spread of Islam in the south and Christianity in the entire country, such indigenous
belief systems were subjugated. Concepts of homosexuality, bisexuality,
and hermaphrodites are known in the epics and indigenous stories in Anitism.
• Around 2% of the population continue to practice the religion.
 Media
• Recognized as an important venue for the promotion of issues related to the LGBT
community by participants in national dialogue facilitated by the UNDP, the media
acknowledges the negative impact of religion concerning the treatment of such issues, where
it provides a blanket context that society views homosexuality as negative.
• In May 2004, producers of several television programs received a memorandum from the
chair of the Movie and Television Review and Classification Board (MTRCB), which warned
against positive depictions of lesbian relationships; it was stated in the memo that "lesbian and
homosexual relationships are an abnormality/aberration on prime-time TV programs gives the
impression that the network is encouraging homosexual relationships.“
• The lack of sexual orientation and gender identity awareness is emphasized in other
circumstances; transphobia is ubiquitous with media practitioners who do not address
transgender people in accordance with how they self-identify.
• Beyond mainstream media, which already has a niche for the sector, the Internet has provided
LGBT people ways to tell their stories outside the realm of film, television, print, and radio.
There are blogs kept, opportunities to connect with others, publications with LGBT sections
and a web-based magazine, Outrage, catering to the community.
 Economy
• The LGBT community, although a minority in the economic sphere, still plays an integral role in the
growth and maintenance of the economy. LGBT individuals face challenges in employment both on an
individual level and as members of a community that is subject to discrimination and abuse. This can be
compounded by the weak social status and position of the individuals involved.
• A USAID study conducted in 2014, entitled "The Relationship between LGBT Inclusion and Economic
Development: An Analysis of Emerging Economies", has shown that countries which have adopted anti-
LGBT economic laws have lower GDPs compared to those who do not discriminate against
employers/employees based on their sexual orientation.
• On the other hand, studies have shown that the integration of the LGBT community into the economic
system yields a higher income for the country. In a recent USAID study, it is said that a wide range of
scholarly theories from economics, political science, sociology, psychology, public health and other social
sciences support the idea that full rights and inclusion of LGBT people are associated with higher levels of
economic development and well-being for the country.
• Also, the acceptance of LGBT people within the office environment can lead to higher income for the
company since the people do not feel as disadvantaged and as discriminated as before.
• Naturally, passing a non-discrimination law will not immediately lead to a sudden boost in the country's
economy, although less discrimination should eventually lead to more output.
LESSON 20
Discrimination on the
Basis of Sexual
Orientation, Gender
Identity and Expression
(SOGIE)in the
Philippines.
Enacting an Anti-Discrimination Based on Sexual Orientation and
Gender Identity Law

WHAT IS THE ISSUE? WHAT HAS BEEN OUR RECENT EXPERIENCE/S WITH
REGARDS TO THE ISSUE?
 Persons with diverse sexual orientation and gender identity (SOGI) experience abuse and
violence (ranging from subtle jokes to extreme forms of stigma and assault) from their
families, neighbors, educational/training institutions and even from government
institutions.
 Lesbian, Gay, Bisexual and Transgender (LGBT) people also experience lost economic
opportunities due to discrimination in employment such as being required to wear clothes
according to their sexassigned at birth as condition for hiring and outright refusal to hire
applicants on the ground of their SOGI.
 Prejudicial attitudes of some law enforcers and service providers towards LGBT people
deter them from reporting cases of abuse and violence committed against them.
 Prejudicial attitudes of some law enforcers and service providers towards LGBT
people deter them from reporting cases of abuse and violence committed against
them.
 The stigma that LGBTs face in everyday life takes a toll on their mental and physical
well-being. takes a toll on their mental and physical well-being.
 The study also established that long-term bullying is a major contributory factor to
depression, anxiety, loss of confidence, withdrawal, social isolations, self-harm and
suicidal tendencies among the victims.
 The lack of a national policy as legal basis to address these discriminatory practices
leaves the LGBTs with no recourse for redress.
 This results to continued violations of LGBTs human rights by private as well as
public institutions and individuals.
WHY IS THE ISSUE IMPORTANT?

 Eliminating discrimination based on SOGI will address disparity in treatment that stems from
gender biases and double standards that provide protection selectively to those who adhere to
the patriarchal concept of male and female, and discriminate against those who do not fit in
the socially constructed norms of what is a man and a woman.
 Although the 1987 Philippine Constitution guarantees the right of every person to equal
protection of the laws, without distinction or discrimination, the laws protecting human rights
are not being equally applied especially to persons with diverse SOGI.
 Private establishments and companies assert their management prerogative in hiring and
distinguishing who can and cannot enter their premises which sometimes discriminate against
LGBTs.
 Schools or academic institutions assert their academic freedom in
institutionalizing policies against cross-dressing and reserve the right not
to accept or even expel students that violate these policies.
 Enacting an Anti-Discrimination Law will affirm and enforce the equal
application of existing laws that protect the human rights of those who
face human rights violation because of their SOGI and will address the
impunity by which they are discriminated.
WHAT ARE THE EXISTING LAWS OR POLICIES RELATED TO THE
ISSUE?

Section 3 of Republic Act 9710

 Otherwise known as the Magna Carta of Women (MCW) provides that “All
individuals are equal as human beings by virtue of the inherent dignity of each
human person.
 No one should therefore suffer discrimination on the basis of ethnicity, gender,
age, language, sexual orientation, race, color, religion, political or other opinion,
national, social or geographical origin, disability, property, birth, or other status as
established by human rights standards.
Article II, Section 11;
 The Philippine Constitution provides that “The State values the dignity of every
person and guarantees full respect for human rights”.

Article III, Section 1, 2, 4, 8, 12;

 It also guarantees every person the right to life, security of person and privacy,
right to be free from torture, arbitrary arrest and detention, the right to be free
from discrimination and the right to freedom of expression, and the right to
organize associations.
Civil Service Commission Memorandum Circular No. 29-2010
 Prohibits discrimination against LGBT people applying for civil service examinations.
 In addition, the CSC’s Revised Policies on Merit and Promotion plan include a provision
that inhibits discrimination in the selection of employees based on various criteria including
gender.

Department of Social Welfare and Development (DSWD)

 Recently issued a Memorandum respecting the right of persons of diverse SOGI to wear
uniform of their preferred sexual orientation and gender identity.
In addition;
 Anti-Discrimination Ordinances that prohibit discrimination based on sexual
orientation and gender identity have been enacted in nineteen (19) LGUs, namely;
1. Barangays Bagbag 11. Mandaue City
2. Lagro and Pansol in Quezon City 12. Puerto Princesa
3. Angeles City in Pampanga 13. Quezon City
4. Antipolo City 14. Vigan City in Ilocos Sur
5. Bacolod City in Negros Occidental 15. Municipality of San Julian in Eastern
Samar
6. Batangas City in Batangas 16. Province of Agusan del Norte
7. Candon City in Ilocos Sur 17. Province of Cavite
8. Cebu City 18. Province of Batangas
9. Dagupan City in Pangasinan
10. Davao City
Ang Ladlad Partylist
 In the legal battle for gender equality, there have been cases that were
ruled in favor of LGBTs such as when the Supreme Court ruled in favor
of the Ang Ladlad Partylist, declaring that the LGBT sector deserves to
participate in the party-list system on the same basis as other
marginalized and under-represented sectors.
 In another case, wherein the husband petitioned for the custody of his
child with an estranged wife whom the petitioner claimed was immoral
on the grounds that the ex-wife had a lesbian relationship, the Court
decided in favor of the wife saying that “moral laxity alone does not
prove parental neglect or incompetence”
WHAT ARE THE CONSIDERATIONS IN
ADDRESSING THIS ISSUE IN THE COUNTRY?

1. Promoting women’s rights and gender equality

 Enacting a law that prohibits and penalizes acts of discrimination based on SOGI
will contribute to the achievement of gender equality.

 An anti-discrimination law will ensure that all people, regardless of SOGI are able
to exercise their rights to life, education, employment and expression without fear
of reprisal, torture, arrest and detention.
2. Responding to International Commitments

 Protection of the rights of persons with diverse SOGI or the LGBT community is
embedded in international human rights laws/ treaties.

 The Universal Declaration of Human Rights declares that everyone has the right to
life, security of person and privacy, the right to be free from torture, arbitrary arrest
and detention, the right to be free from discrimination and the right to freedom of
expression, and association.

 The International Convention on Civil and Political Rights (ICCPR) affirms that the
inherent right to life of every person shall be protected by law and that no person
should be arbitrarily deprived of life.
  Consistent with the Philippine Constitution mandating
the State to uphold the equal protection of all people
before the law, the PCW supports the passage of the anti-
discrimination law that will ensure that human rights of
all people, regardless of their SOGI, are protected and
promoted. The PCW pushes for a law that will:
POLICY 1. Penalize discriminatory acts such as but not limited to:
RECOMMENDATION non-hiring or dismissal of workers, refusal of admission
from any educational institution, denial of access to
services available to the general public, revocation of
license, denial of access to establishments or facilities on
the basis of SOGI;
2. Establish mechanism to monitor, report and record
incidents of SOGI-based discrimination and abuse;
3. Create redress mechanism to address complaints of acts of
discrimination;
4. Provide guidelines in: a) handling of LGBT victims of SOGI-based
discrimination and abuse, and b) handling LGBTs arrested and
detained for criminal and civil offense;
5. Mandate the review and repeal or amendment of provisions of existing
national and local policies discriminatory to LGBTs (e.g., Amend RPC
to define acts that constitutes grave scandal provision of the RPC,
DOH Memorandum that forbids homosexuals to donate blood);
6. Mandate the crafting of non-discriminatory policies in employment
and job retention, training and education;
7. Mandate awareness-raising campaigns with media, public and private
institutions, educational and training institutions; and
8. Integrate orientation on SOGI rights in new employee orientation in in
both public and private institutions.
 The PCW or Philippine Commission on Women
reiterates its advocacy to end gender-based
discrimination and recommends the passage of an
antidiscrimination bill that prohibits discriminatory
practices based on SOGI. The enactment of such law is
deemed necessary towards ending all forms of gender
discrimination, and the achievement of gender equality.
Thank you for listening
To God be All the Glory!
References
 Republic Act 9262 “Anti Violence Against Women and Children”
 https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-and-their-child
ren-act-of-2004
 file:///C:/Users/marwinbq/Desktop/biological%20science/social%20arts/RA%209
262%20-%20Law%20Against%20Violence%20Against%20Women%20and%20
Their%20Children.pdf

 https://www.slideshare.net/FayeMadrigal1/ra-9262-vawc
 https://20Policy-Brief-11-SOGIE.pdf