REPUBLIC ACT NO.

9710

AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN

CHAPTER I

General Provisions

SECTION 1. Short Title. — This Act shall be known as “The Magna Carta of
Women”.

SECTION 2. Declaration of Policy. — Recognizing that the economic, political, and

sociocultural realities affect women’s current condition, the State affirms the role of
women in nation building and ensures the substantive equality of women and men. It shall
promote empowerment of women and pursue equal opportunities for women and men
and ensure equal access to resources and to development results and outcome. Further,
the State realizes that equality of men and women entails the abolition of the unequal
structures and practices that perpetuate discrimination and inequality. To realize this, the
State shall endeavor to develop plans, policies, programs, measures, and mechanisms
to address discrimination and inequality in the economic, political, social, and cultural life
of women and men.

The State 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 consistent with Philippine
law. The State shall accord 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 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.

The State shall provide the necessary mechanisms to enforce women’s rights and adopt
and undertake all legal measures necessary to foster and promote the equal opportunity
for women to participate in and contribute to the development of the political, economic,
social, and cultural realms.

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 families and communities to the
fullest of their capabilities.
In pursuance of this policy, the State reaffirms the right of women in all sectors to
participate in policy formulation, planning, organization, implementation, management,
monitoring, and evaluation of all programs, projects, and services. 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. Principles of Human Rights of Women. — Human rights are universal

and inalienable. All people in the world are entitled to them. The universality of human
rights is encompassed in the words of Article 1 of the Universal Declaration of Human
Rights, which states that all human beings are free and equal in dignity and rights.

Human rights are indivisible. Human rights are inherent to the dignity of every human
being whether they relate to civil, cultural, economic, political, or social issues.

Human rights are interdependent and interrelated. The fulfillment of one right often
depends, wholly or in part, upon the fulfillment of others.

All individuals are equal as human beings by virtue of the inherent dignity of each human
person. No one, therefore, should 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.

All people have the right to participate in and access information relating to the decision-
making processes that affect their lives and well-being. Rights-based approaches require
a high degree of participation by communities, civil society, minorities, women, young
people, indigenous peoples, and other identified groups.

States and other duty-bearers are answerable for the observance of human rights. They
have to comply with the legal norms and standards enshrined in international human
rights instruments in accordance with the Philippine Constitution. Where they fail to do
so, aggrieved rights-holders are entitled to institute proceedings for appropriate redress
before a competent court or other adjudicator in accordance with the rules and
procedures provided by law.

CHAPTER II

Definition of Terms

SECTION 4. Definitions. — For purposes of this Act, the following terms shall mean:

(a) “Women Empowerment” refers to the provision, availability, and accessibility of

opportunities, services, and observance of human rights 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.

It includes any act or omission, including by law, policy, administrative measure, or

practice, that directly or indirectly excludes or restricts women in the recognition and
promotion of their rights and their access to and enjoyment of opportunities, benefits, or
privileges.

A measure or practice of general application is discrimination against women if it fails to

provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and enjoyment of
opportunities, benefits, or privileges; or women, more than men, are shown to have
suffered the greater adverse effects of those measures or practices.

Provided, finally, that discrimination compounded by or intersecting with other grounds,

status, or condition, such as ethnicity, age, poverty, or religion shall be considered
discrimination against women under this Act.

(c) “Marginalization” refers to a condition where a whole category of people is

excluded from useful and meaningful participation in political, economic, social, and
cultural life.

(d) “Marginalized” refers to the basic, disadvantaged, or vulnerable persons or

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

These include, but are not limited to, women in the following sectors and groups:

(1) “Small Farmers and Rural Workers” refers 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 are 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; and (b) rural workers who are either
wage earners, self-employed, unpaid family workers directly and personally engaged in
agriculture, small-scale mining, handicrafts, and other related farm and off-farm activities;
(2) “Fisherfolk” refers to those directly or indirectly engaged in taking, culturing, or
processing fishery or aquatic resources. These include, but are not to be limited to,
women engaged in fishing in municipal waters, coastal and marine 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” refers to those residing in urban and urbanizable slum or blighted
areas, with or without the benefit of security of abode, where the income of the head of
the family cannot afford in a sustained manner to provide for the family’s basic needs of
food, health, education, housing, and other essentials in life;

(4) “Workers in the Formal Economy” refers 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, subdivisions, and instrumentalities,
all government-owned and -controlled corporations and institutions, as well as nonprofit
private institutions or organizations;

(5) “Workers in the Informal Economy” refers to self-employed, occasionally or

personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers, and operators of sari-sari stores and all other categories
who suffer from violation of workers’ rights;

(6) “Migrant Workers” refers 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” refers to a group of people or homogenous societies

identified by self-ascription and ascription by other, who have continuously lived as
organized community on communally bounded and defined territory, and who have, under
claims of ownership since time immemorial, occupied, possessed customs, tradition, and
other distinctive cultural traits, or who have, through resistance to political, social, and
cultural inroads of colonization, non-indigenous religions and culture, became historically
differentiated from the majority of Filipinos. They shall likewise include peoples who are
regarded as indigenous on account of their descent from the populations which inhabited
the country, at the time of conquest or colonization, or at the time of inroads of non-
indigenous religions and cultures, or the establishment of present state boundaries, who
retain some or all of their own social, economic, cultural, and political institutions, but who
may have been displaced from their traditional domains or who may have resettled
outside their ancestral domains as defined under Section 3 (h), Chapter II of Republic Act
No. 8371, otherwise known as “The Indigenous Peoples Rights Act of 1997” (IPRA of
1997);

(8) “Moro” refers to native peoples who have historically inhabited Mindanao,
Palawan, and Sulu, and who are largely of the Islamic faith;
(9) “Children” refers to those who are below eighteen (18) years of age or 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” refers to those sixty (60) years of age and above;

(11) “Persons with Disabilities” refers to those who are suffering from 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; and

(12) “Solo Parents” refers 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”.

(e) “Substantive Equality” refers to the full and equal enjoyment of rights and
freedoms contemplated under this Act. It encompasses de jure and de facto equality and
also equality in outcomes.

(f) “Gender Equality” refers to the principle asserting the equality of men and
women and their right to enjoy equal conditions realizing their full human potentials to
contribute to and benefit from the results of development, and with the State recognizing
that all human beings are free and equal in dignity and rights.

(g) “Gender Equity” refers to the policies, instruments, programs, services, and
actions that address the disadvantaged position of women in society by providing
preferential treatment and affirmative action. Such temporary special measures aimed at
accelerating de facto equality between men and women shall not be considered
discriminatory but shall in no way entail as a consequence the maintenance of unequal
or separate standards. These measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved.

(h) “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.

(i) “Gender Mainstreaming” refers to the 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. It 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.

(j) “Temporary Special Measures” refers to a variety of legislative, executive,

administrative, and regulatory instruments, policies, and practices aimed at accelerating
this de facto equality of women in specific areas. These measures shall not be considered
discriminatory but shall in no way entail as a consequence the maintenance of unequal
or separate standards. They shall be discontinued when their objectives have been
achieved.

(k) “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 limited
to, the following:

(1) Physical, 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; and

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

State, wherever it occurs.

It also includes acts of violence against women as defined in Republic Acts No. 9208 and
9262.

(l) “Women in the Military” refers to women employed in the military, both in the
major and technical services, who are performing combat and/or noncombat functions,
providing security to the State, and protecting the people from various forms of threat. It
also includes women trainees in all military training institutions.

(m) “Social Protection” refers to policies and programs that seek to reduce poverty
and vulnerability to risks and enhance the social status and rights of all women, especially
the marginalized by promoting and protecting livelihood and employment, protecting
against hazards and sudden loss of income, and improving people’s capacity to manage
risk. Its components are labor market programs, social insurance, social welfare, and
social safety nets.

CHAPTER III

Duties Related to the Human Rights of Women

The State, private sector, society in general, and all individuals shall contribute to the
recognition, respect, and promotion of the rights of women defined and guaranteed under
this Act.

SECTION 5. The State as the Primary Duty-Bearer. — The State, as the primary
duty-bearer, shall:

(a) Refrain from discriminating against women and violating their rights;

(b) Protect women against discrimination and from violation of their rights by private
corporations, entities, and individuals; and

(c) Promote and fulfill the rights of women in all spheres, including their rights to
substantive equality and non-discrimination.

The State shall fulfill these duties through law, policy, regulatory instruments,
administrative guidelines, and other appropriate measures, including temporary special
measures.

Recognizing the interrelation of the human rights of women, the State shall take measures
and establish mechanisms to promote the coherent and integrated implementation and
enforcement of this Act and related laws, policies, or other measures to effectively stop
discrimination against and advance the rights of women.

The State shall keep abreast with and be guided by progressive developments in human
rights of women under international law and design of policies, laws, and other measures
to promote the objectives of this Act.

SECTION 6. Duties of the State Agencies and Instrumentalities. — These duties of

the State shall extend to all state agencies, offices, and instrumentalities at all levels and
government-owned and -controlled corporations, subject to the Constitution and pertinent
laws, policies, or administrative guidelines that define specific duties of state agencies
and entities concerned.

SECTION 7. Suppletory Effect. — This chapter shall be deemed integrated into and
be suppletory to other provisions of this Act, particularly those that guarantee specific
rights to women and define specific roles and require specific conduct of state organs.

CHAPTER IV

Rights and Empowerment

SECTION 8. Human Rights of Women. — All rights in the Constitution and those
rights recognized under international instruments duly signed and ratified by the
Philippines, in consonance with Philippine law, shall be rights of women under this Act to
be enjoyed without discrimination.
SECTION 9. 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 of 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 (5) years, there shall be an incremental increase in the
recruitment and training of women in the police force, forensics and medico-legal, legal
services, and social work services availed of by women who are victims of gender-related
offenses until fifty percent (50%) of the personnel thereof shall be women.

(b) Women shall have the right to protection and security in situations of armed
conflict and militarization. Towards this end, they shall be protected from all forms of
gender-based violence, particularly rape and other forms of sexual abuse, and all forms
of violence in situations of armed conflict. The State shall observe international standards
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
gender sensitivity pursuant to this Act.

(d) All local government units shall establish a Violence Against Women’s Desk in
every barangay to ensure that violence against women cases are fully addressed in a
gender-responsive manner.

SECTION 10. Women Affected by Disasters, Calamities, and Other Crisis Situations.
— Women have the right to protection and security in times of disasters, calamities, and
other crisis situations especially in all phases of relief, recovery, rehabilitation, and
construction efforts. The State shall provide for immediate humanitarian assistance,
allocation of resources, and early resettlement, if necessary. It shall also address the
particular needs of women from a gender perspective to ensure their full protection from
sexual exploitation and other sexual and gender-based violence committed against them.
Responses to disaster situations shall include the provision of services, such as
psychosocial support, livelihood support, education, psychological health, and
comprehensive health services, including protection during pregnancy.

SECTION 11. Participation and Representation. — The State shall undertake

temporary special measures to accelerate the participation and equitable 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 the following 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 within the Civil Service. — Within the next five (5) years, the
number of women in third (3rd) level positions in government shall be incrementally
increased to achieve a fifty-fifty (50-50) 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 forty
percent (40%) 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;

(d) International Bodies. — The State shall take all appropriate measures to ensure
the opportunity of women, on equal terms with men and without any discrimination, 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. It shall likewise encourage the integration of
women in their leadership hierarchy, internal policy-making structures, appointive, and
electoral nominating processes; and

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

SECTION 12. Equal Treatment Before the Law. — The State shall take steps to
review and, when necessary, amend and/or repeal existing laws that are discriminatory
to women within three (3) years from the effectivity of this Act.

SECTION 13. Equal Access and Elimination of Discrimination in Education,

Scholarships, and Training. — (a) The State shall ensure that gender stereotypes and
images in educational materials and curricula are adequately and appropriately revised.
Gender-sensitive language shall be used at all times. Capacity-building on gender and
development (GAD), peace and human rights, education for teachers, and all those
involved in the education sector shall be pursued toward this end. Partnerships between
and among players of the education sector, including the private sector, churches, and
faith groups shall be encouraged.

(b) Enrollment of women in nontraditional skills training in vocational and tertiary

levels shall be encouraged.
(c) Expulsion and non-readmission of women faculty due to pregnancy outside of
marriage shall be outlawed. No school shall turn out or refuse admission to a female
student solely on the account of her having contracted pregnancy outside of marriage
during her term in school.

SECTION 14. Women in Sports. — The State shall develop, establish, and strengthen
programs for the participation of women and girl-children in competitive and
noncompetitive sports as a means to achieve excellence, promote physical and social
well-being, eliminate gender-role stereotyping, and provide equal access to the full
benefits of development for all persons regardless of sex, gender identity, and other
similar factors.

For this purpose, all sports-related organizations shall create guidelines that will establish
and integrate affirmative action as a strategy and gender equality as a framework in
planning and implementing their policies, budgets, programs, and activities relating to the
participation of women and girls in sports.

The State will also provide material and nonmaterial incentives to local government units,
media organizations, and the private sector for promoting, training, and preparing women
and girls for participation in competitive and noncompetitive sports, especially in local and
international events, including, but not limited to, the Palarong Pambansa, Southeast
Asian Games, Asian Games, and the Olympics.

No sports event or tournament will offer or award a different sports prize, with respect to
its amount or value, to women and men winners in the same sports category: Provided,
That the said tournament, contest, race, match, event, or game is open to both sexes:
Provided, further, That the sports event or tournament is divided into male or female
divisions.

The State shall also ensure the safety and well-being of all women and girls participating
in sports, especially, but not limited to, trainees, reserve members, members, coaches,
and mentors of national sports teams, whether in studying, training, or performance
phases, by providing them comprehensive health and medical insurance coverage, as
well as integrated medical, nutritional, and healthcare services.

Schools, colleges, universities, or any other learning institution shall take into account its
total women student population in granting athletic scholarship. There shall be a pro rata
representation of women in the athletic scholarship program based on the percentage of
women in the whole student population.

SECTION 15. Women in the Military. — The State shall pursue appropriate measures
to eliminate discrimination of women in the military, police, and other similar services,
including revising or abolishing policies and practices that restrict women from availing of
both combat and noncombat training that are open to men, or from taking on functions
other than administrative tasks, such as engaging in combat, security-related, or field
operations. Women in the military shall be accorded the same promotional privileges and
opportunities as men, including pay increases, additional remunerations and benefits, and
awards based on their competency and quality of performance. Towards this end, the
State shall ensure that the personal dignity of women shall always be respected.

Women in the military, police, and other similar services shall be provided with the same
right to employment as men on equal conditions. Equally, they shall be accorded the
same capacity as men to act in and enter into contracts, including marriage.

Further, women in the military, police, and other similar services shall be entitled to leave
benefits such as maternity leave, as provided for by existing laws.

SECTION 16. Nondiscriminatory and Nonderogatory Portrayal of Women in Media

and Film. — The State shall formulate policies and programs for the advancement of
women in collaboration with government and nongovernment media-related
organizations. It shall likewise endeavor to raise the consciousness of the general public
in recognizing the dignity of women and the role and contribution of women in the family,
community, and the society through the strategic use of mass media.

For this purpose, the State shall ensure allocation of space, airtime, and resources,
strengthen programming, production, and image-making that appropriately present
women’s needs, issues, and concerns in all forms of media, communication, information
dissemination, and advertising.

The State, in cooperation with all schools of journalism, information, and communication,
as well as the national media federations and associations, shall require all media
organizations and corporations to integrate into their human resource development
components regular training on gender equality and gender-based discrimination, create
and use gender equality guidelines in all aspects of management, training, production,
information, dissemination, communication, and programming; and convene a gender
equality committee that will promote gender mainstreaming as a framework and
affirmative action as a strategy, and monitor and evaluate the implementation of gender
equality guidelines.

SECTION 17. Women’s Right to Health. — (a) Comprehensive Health Services. —

The State shall, at all times, provide for a comprehensive, culture-sensitive, and gender-
responsive health services and programs covering all stages of a woman’s life cycle and
which addresses the major causes of women’s mortality and morbidity: Provided, That in
the provision for comprehensive health services, due respect shall be accorded to
women’s religious convictions, the rights of the spouses to found a family in accordance
with their religious convictions, and the demands of responsible parenthood, and the right
of women to protection from hazardous drugs, devices, interventions, and substances.

Access to the following services shall be ensured:

(1) Maternal care to include pre- and post-natal services to address pregnancy and
infant health and nutrition;
(2) Promotion of breastfeeding;

(3) Responsible, ethical, legal, safe, and effective methods of family planning;

(4) Family and State collaboration in youth sexuality education and health services
without prejudice to the primary right and duty of parents to educate their children;

(5) Prevention and management of reproductive tract infections, including sexually

transmitted diseases, HIV, and AIDS;

(6) Prevention and management of reproductive tract cancers like breast and
cervical cancers, and other gynecological conditions and disorders;

(7) Prevention of abortion and management of pregnancy-related complications;

(8) In cases of violence against women and children, women and children victims
and survivors shall be provided with comprehensive health services that include
psychosocial, therapeutic, medical, and legal interventions and assistance towards
healing, recovery, and empowerment;

(9) Prevention and management of infertility and sexual dysfunction pursuant to

ethical norms and medical standards;

(10) Care of the elderly women beyond their child-bearing years; and

(11) Management, treatment, and intervention of mental health problems of women

and girls.

In addition, healthy lifestyle activities are encouraged and promoted through programs
and projects as strategies in the prevention of diseases.

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

(1) The natural and primary right and duty of parents in the rearing of the youth and
the development of moral character and the right of children to be brought up in an
atmosphere of morality and rectitude for the enrichment and strengthening of character;

(2) The formation of a person’s sexuality that affirms human dignity; and

(3) Ethical, legal, safe, and effective family planning methods including fertility
awareness.
SECTION 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.

SECTION 19. 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:

(a) the same rights to enter into and leave marriages or common law relationships
referred to under the Family Code without prejudice to personal or religious beliefs;

(b) the same rights 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;

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

(d) the same personal rights between spouses or common law spouses including
the right to choose freely a profession and an occupation;

(e) the same rights for both spouses or common law spouses in respect of the
ownership, acquisition, management, administration, enjoyment, and disposition of
property;

(f) the same rights to properties and resources, whether titled or not, and
inheritance, whether formal or customary; and

(g) women shall have equal rights with men to acquire, change, or retain their
nationality. The State shall ensure in particular that neither marriage to an alien nor
change of nationality by the husband during marriage shall automatically change the
nationality of the wife, render her stateless or force upon her the nationality of the
husband. Various statutes of other countries concerning dual citizenship that may be
enjoyed equally by women and men shall likewise be considered.

Customary laws shall be respected: Provided, however, that they do not discriminate
against women.

CHAPTER V

Rights and Empowerment of Marginalized Sectors

Women in marginalized sectors are hereby guaranteed all civil, political, social, and
economic rights recognized, promoted, and protected under existing laws including, but
not limited to, the Indigenous Peoples Rights Act, the Urban Development and Housing
Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor Code, the
Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty
Alleviation Act.

SECTION 20. Food Security and Productive Resources. — The State recognizes the
contribution of women to food production and shall ensure its sustainability and
sufficiency with the active participation of women. Towards this end, the State shall
guarantee, at all times, the availability in the market of safe and health-giving food to
satisfy the dietary needs of the population, giving particular attention to the specific needs
of poor girl-children and marginalized women, especially pregnant and lactating mothers
and their young children. To further 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, the physical and economic
accessibility for everyone to adequate food that is culturally acceptable and free from
unsafe substances and culturally accepted, and the accurate and substantial information
to the availability of food, including the right to full, accurate, and truthful information about
safe and health-giving foods and how to produce and have regular and easy access to
them;

(b) Right to Resources for Food Production. — The State shall guarantee women a
vital role in food production by giving priority to their rights to land, credit, and
infrastructure support, technical training, and technological and marketing assistance.
The State shall promote women-friendly technology as a high priority activity in agriculture
and shall promote the right to adequate food by proactively engaging in activities intended
to strengthen access to, utilization of, and receipt of accurate and substantial information
on resources and means to ensure women’s livelihood, including food security:

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

(2) Equal treatment shall be given to women and men beneficiaries of the agrarian
reform program, wherein the vested right of a woman agrarian reform beneficiary is
defined by a woman’s relationship to 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 in claiming rights to the land shall be made available
to women at all times;

(5) Equal rights to women to the enjoyment, use, and management of land, 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 women and men 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-engaged coastal resources;

(8) There shall be no discrimination against women in the deputization of fish

wardens;

(9) Women-friendly and sustainable agriculture technology shall be designed based

on accessibility and viability in consultation with women’s organizations;

(10) Access to small farmer-based and controlled seeds production and distribution
shall be ensured and protected;

(11) Indigenous practices of women in seed storage and cultivation shall be

recognized, encouraged, and protected;

(12) Equal rights shall be given to women to be members of farmers’ organizations

to ensure wider access to and control of the means of production;

(13) 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; and

(14) Provide economic opportunities for the indigenous women, particularly access
to market for their produce.

In the enforcement of the foregoing, the requirements of law shall be observed at all times.

SECTION 21. Right to Housing. — The State shall develop housing programs for
women that are localized, simple, accessible, with potable water, and electricity, 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 22. Right to Decent Work. — The State shall progressively realize and
ensure decent work standards for women that involve the creation of jobs of acceptable
quality in conditions of freedom, equity, security, and human dignity.
(a) Decent work involves opportunities for work that are productive and fairly
remunerative as family living wage, security in the workplace, and social protection for
families, better prospects for personal development and social integration, freedom for
people to express their concerns, organize, participate in the decisions that affect their
lives, and equality of opportunity and treatment for all women and men.

(b) The State shall further ensure:

(1) Support services and gears to protect them from occupational and health
hazards taking into account women’s maternal functions;

(2) Support services that will enable women to balance their family obligations and
work responsibilities including, but not limited to, the establishment of day care centers
and breast-feeding stations at the workplace, and providing maternity leave pursuant to
the Labor Code and other pertinent laws;

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

employment; and

(4) Respect for the observance of indigenous peoples’ cultural practices even in the
workplace.

(c) In recognition of the temporary nature of overseas work, the State shall exert all
efforts to address the causes of out-migration 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, and protect them against discrimination in wages, conditions of work, and
employment opportunities in host countries.

SECTION 23. Right to Livelihood, Credit, Capital, and Technology. — The State shall
ensure that women are provided with the following:

(a) Equal access to formal sources of credit and capital;

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

(c) 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 24. Right to Education and Training. — The State shall ensure the
following:
(a) Women migrant workers have the opportunity to undergo skills training, if they
so desire, before taking on a foreign job, and possible retraining upon return to the
country;

(b) Gender-sensitive training and seminars; and

(c) Equal opportunities in scholarships based on merit and fitness, especially to

those interested in research and development aimed towards women-friendly farm
technology.

SECTION 25. 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 grassroots
women leaders in decision and policy-making bodies in their respective sectors including,
but not limited to, the Presidential Agrarian Reform Council (PARC) and its local
counterparts; community-based resource management bodies or mechanisms on forest
management and stewardship; the National Fisheries and Aquatic Resources
Management Council (NFARMC) and its local counterparts; the National Commission on
Indigenous Peoples; the Presidential Commission for the Urban Poor; the National Anti-
Poverty Commission; and, where applicable, the local housing boards.

SECTION 26. Right to Information. — Access to information regarding policies on

women, including programs, projects, and funding outlays that affect them, shall be
ensured.

SECTION 27. 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 institute policies and programs that seek to reduce the poverty
and vulnerability to risks and enhance the social status and rights of the marginalized
women by promoting and protecting livelihood and employment, protecting against
hazards and sudden loss of income, and improving people’s capacity to manage risks.

(c) The State shall endeavor to reduce and eventually eliminate transfer costs of
remittances from abroad through appropriate bilateral and multilateral agreements. It shall
likewise provide access to investment opportunities for remittances in line with national
development efforts.

(d) The State shall establish a health insurance program for senior citizens and
indigents.

(e) The State shall support women with disabilities on a community-based social
protection scheme.
SECTION 28. Recognition and Preservation of Cultural Identity and Integrity. — The
State shall recognize and respect the rights of Moro 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.

SECTION 29. Peace and Development. — The peace process shall be pursued with
the following considerations:

(a) Increase the number of women participating in discussions and decision-making

in the peace process, including membership in peace panels recognizing women’s role
in conflict-prevention and peace-making and in indigenous system of conflict resolution;

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

(c) The institution of measures to ensure the protection of civilians in conflict-

affected communities with special consideration for the specific needs of women and girls;

(d) Include the peace perspective in the education curriculum and other educational
undertakings; and

(e) The recognition and support for women’s role in conflict-prevention,

management, resolution and peacemaking, and in indigenous systems of conflict
resolution.

SECTION 30. Women in Especially Difficult Circumstances. — For purposes of this

Act, “Women in Especially Difficult Circumstances” (WEDC) shall refer to victims and
survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed
conflict, women in detention, victims and survivors of rape and incest, and such other
related circumstances which have incapacitated them functionally. Local government
units are therefore mandated to deliver the necessary services and interventions to
WEDC under their respective jurisdictions.

SECTION 31. Services and Interventions. — WEDC shall be provided with services
and interventions as necessary such as, but not limited to, the following:

(a) Temporary and protective custody;

(b) Medical and dental services;

(c) Psychological evaluation;

(d) Counseling;

(e) Psychiatric evaluation;

(f) Legal services:

(g) Productivity skills capability building;

(h) Livelihood assistance;

(i) Job placement;

(j) Financial assistance; and

(k) Transportation assistance.

SECTION 32. 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.

(c) Equal access of Moro and indigenous girl-children in the Madaris, schools of
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 schools of living culture and traditions shall be developed.

(e) Sensitivity of regular schools to particular Moro and indigenous practices, such
as fasting in the month of Ramadan, choice of clothing (including the wearing of hijab),
and availability of halal food shall be ensured.

SECTION 33. Protection of Senior Citizens. — The State shall protect women senior
citizens 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.

SECTION 34. Women are entitled to the recognition and protection of their rights
defined and guaranteed under this Act including their right to nondiscrimination.

SECTION 35. Discrimination Against Women is Prohibited. — Public and private

entities and individuals found to have committed discrimination against women shall be
subject to the sanctions provided in Section 41 hereof. Violations of other rights of women
shall be subject to sanctions under pertinent laws and regulations.

CHAPTER VI

Institutional Mechanisms

SECTION 36. Gender Mainstreaming as a Strategy for Implementing the Magna

Carta of Women. — Within a period prescribed in the implementing rules and regulations,
the National Commission on the Role of Filipino Women (NCRFW) shall assess its gender
mainstreaming program for consistency with the standards under this Act. It shall modify
the program accordingly to ensure that it will be an effective strategy for implementing
this Act and attaining its objectives.

All departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and
other government instrumentalities shall adopt gender mainstreaming as a strategy to
promote women’s human rights and eliminate gender discrimination in their systems,
structures, policies, programs, processes, and procedures which shall include, but not
limited to, the following:

(a) Planning, budgeting, monitoring and evaluation for GAD. GAD programs
addressing gender issues and concerns shall be designed and implemented based on
the mandate of government agencies and local government units, Republic Act No. 7192,
gender equality agenda of the government and other GAD-related legislation, policies,
and commitments. The development of GAD programs shall proceed from the conduct of
a gender audit of the agency or the local government unit and a gender analysis of its
policies, programs, services and the situation of its clientele; the generation and review
of sex-disaggregated data; and consultation with gender/women’s rights advocates and
agency/women clientele. The cost of implementing GAD programs shall be the agency’s
or the local government unit’s GAD budget which shall be at least five percent (5%) of the
agency’s or the local government unit’s total budget appropriations.

Pursuant to Republic Act No. 7192, otherwise known as the Women in Development and
Nation Building Act, which allocates five percent (5%) to thirty percent (30%) of overseas
development assistance to GAD, government agencies receiving official development
assistance should ensure the allocation and proper utilization of such funds to gender-
responsive programs that complement the government GAD funds and annually report
accomplishments thereof to the National Economic and Development Authority (NEDA)
and the Philippine Commission on Women (PCW).

The utilization and outcome of the GAD budget shall be annually monitored and evaluated
in terms of its success in influencing the gender-responsive implementation of agency
programs funded by the remaining ninety-five percent (95%) budget.
The Commission on Audit (COA) shall conduct an annual audit on the use of the GAD
budget for the purpose of determining its judicious use and the efficiency, and
effectiveness of interventions in addressing gender issues towards the realization of the
objectives of the country’s commitments, plans, and policies on women empowerment,
gender equality, and GAD.

Local government units are also encouraged to develop and pass a GAD Code based on
the gender issues and concerns in their respective localities based on consultation with
their women constituents and the women’s empowerment and gender equality agenda of
the government. The GAD Code shall also serve as basis for identifying programs,
activities, and projects on GAD.

Where needed, temporary gender equity measures shall be provided for in the plans of
all departments, including their attached agencies, offices, bureaus, state universities and
colleges, government-owned and -controlled corporations, local government units, and
other government instrumentalities.

To move towards a more sustainable, gender-responsive, and performance-based

planning and budgeting, gender issues and concerns shall be integrated in, among
others, the following plans:

(1) Macro socioeconomic plans such as the Medium-Term Philippine Development

Plan and Medium-Term Philippine Investment Plan;

(2) Annual plans of all departments, including their attached agencies, offices,
bureaus, state universities and colleges, and government-owned and -controlled
corporations; and

(3) Local plans and agenda such as executive-legislative agenda, comprehensive

development plan (CDP), comprehensive land use plan (CLUP), provincial development
and physical framework plan (PDPFP), and annual investment plan.

(b) Creation and/or Strengthening of the GAD Focal Points (GFP). All departments,
including their attached agencies, offices, bureaus, state universities and colleges,
government-owned and -controlled corporations, local government units, and other
government instrumentalities shall establish or strengthen their GAD Focal Point System
or similar GAD mechanism to catalyze and accelerate gender mainstreaming within the
agency or local government unit.

The GAD Focal Point System shall be composed of the agency head or local chief
executive, an executive committee with an Undersecretary (or its equivalent), local
government unit official, or office in a strategic decision-making position as Chair; and a
technical working group or secretariat which is composed of representatives from various
divisions or offices within the agency or local government unit.
The tasks and functions of the members of the GFP shall form part of their regular key
result areas and shall be given due consideration in their performance evaluation.

(c) Generation and Maintenance of GAD Database. All departments, including their
attached agencies, offices, bureaus, state universities and colleges, government-owned
and -controlled corporations, local government units, and other government
instrumentalities shall develop and maintain a GAD database containing gender statistics
and sex-disaggregated data that have been systematically gathered, regularly updated,
and subjected to gender analysis for planning, programming, and policy formulation.

SECTION 37. Gender Focal Point Officer in Philippine Embassies and Consulates.
— An officer duly trained on GAD 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’ programs for the delivery of
services to women migrant workers.

SECTION 38. National Commission on the Role of Filipino Women (NCRFW). — The
National Commission on the Role of Filipino Women (NCRFW) shall be renamed as the
Philippine Commission on Women (PCW), the primary policy-making and coordinating
body of the women and gender equality concerns under the Office of the President. The
PCW shall be the overall monitoring body and oversight to ensure the implementation of
this Act. In doing so, the PCW may direct any government agency and instrumentality, as
may be necessary, to report on the implementation of this Act and for them to immediately
respond to the problems brought to their attention in relation to this Act. The PCW shall
also lead in ensuring that government agencies are capacitated on the effective
implementation of this Act. The chairperson shall likewise report to the President in
Cabinet meetings on the implementation of this Act.

To the extent possible, the PCW shall influence the systems, processes, and procedures
of the executive, legislative, and judicial branches of government vis-à-vis GAD to ensure
the implementation of this Act.

To effectively and efficiently undertake and accomplish its functions, the PCW shall revise
its structure and staffing pattern with the assistance of the Department of Budget and
Management.

SECTION 39. Commission on Human Rights (CHR). — The Commission, acting as

the Gender and Development Ombud, consistent with its mandate, shall undertake
measures such as the following:

(a) Monitor with the PCW and other state agencies, among others, in developing
indicators and guidelines to comply with their duties related to the human rights of women,
including their right to nondiscrimination guaranteed under this Act;
(b) Designate one (1) commissioner and/or its Women’s Human Rights Center to
be primarily responsible for formulating and implementing programs and activities related
to the promotion and protection of the human rights of women, including the investigations
and complaints of discrimination and violations of their rights brought under this Act and
related laws and regulations;

(c) Establish guidelines and mechanisms, among others, that will facilitate access
of women to legal remedies under this Act and related laws, and enhance the protection
and promotion of the rights of women, especially marginalized women;

(d) Assist in the filing of cases against individuals, agencies, institutions, or

establishments that violate the provisions of this Act; and

(e) Recommend to the President of the Philippines or the Civil Service Commission
any possible administrative action based on noncompliance or failure to implement the
provisions of this Act.

SECTION 40. Monitoring Progress and Implementation and Impact of this Act. — The
PCW, in coordination with other state agencies and the CHR, shall submit to Congress
regular reports on the progress of the implementation of this Act highlighting the impact
thereof on the status and human rights of women: Provided, That the second report shall
include an assessment of the effectiveness of this Act and recommend amendments to
improve its provisions: Provided, finally, That these reports shall be submitted to
Congress every three (3) years or as determined in the implementing rules and
regulations.

SECTION 41. Penalties. — Upon finding of the CHR that a department, agency, or
instrumentality of government, government-owned and -controlled corporation, or local
government unit has violated any provision of this Act and its implementing rules and
regulations, the sanctions under administrative law, civil service, or other appropriate laws
shall be recommended to the Civil Service Commission and/or the Department of the
Interior and Local Government. The person directly responsible for the violation as well
as the head of the agency or local chief executive shall be held liable under this Act.

If the violation is committed by a private entity or individual, the person directly responsible
for the violation shall be liable to pay damages.

Filing a complaint under this Act shall not preclude the offended party from pursuing other
remedies available under the law and to invoke any of the provisions of existing laws
especially those recently enacted laws protecting women and children, including the
Women in Development and Nation Building Act (Republic Act No. 7192), the Special
Protection of Children Against Child Abuse, Exploitation and Discrimination Act (Republic
Act No. 7610), the Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877), the Anti-
Rape Law of 1997 (Republic Act No. 8353), the Rape Victim Assistance and Protection
Act of 1998 (Republic Act No. 8505), the Anti-Trafficking in Persons Act of 2003 (Republic
Act No. 9208) and the Anti-Violence Against Women and Their Children Act of 2004
(Republic Act No. 9262). If violence has been proven to be perpetrated by agents of the
State including, but not limited to, extrajudicial killings, enforced disappearances, torture,
and internal displacements, such shall be considered aggravating offenses with
corresponding penalties depending on the severity of the offenses.

SECTION 42. 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 PCW to deserving entities, government agencies, and
local government units for their outstanding performance in upholding the rights of women
and effective implementation of gender-responsive programs.

SECTION 43. Funding. — The initial funding requirements for the implementation of
this Act shall be charged against the current appropriations of the agencies concerned.
Thereafter, such sums as may be necessary for the implementation of this Act shall be
included in the agencies’ yearly budgets under the General Appropriations Act.

The State shall prioritize allocation of all available resources to effectively fulfill its
obligations specified under this Act. The State agencies GAD budgets, which shall be at
least five percent (5%) of their total budgetary allocation, shall also be utilized for the
programs and activities to implement this Act.

SECTION 44. Implementing Rules and Regulations. — As the lead agency, the PCW
shall, in coordination with the Commission on Human Rights and all concerned
government departments and agencies including, as observers, both Houses of Congress
through the Committee on Youth, Women and Family Relations (Senate) and the
Committee on Women and Gender Equality (House of Representatives) and with the
participation of representatives from nongovernment organizations (NGOs) and civil
society groups with proven track record of involvement and promotion of the rights and
welfare of Filipino women and girls identified by the PCW, formulate the implementing
rules and regulations (IRR) of this Act within one hundred eighty (180) days after its
effectivity.

SECTION 45. Separability Clause. — If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provisions not otherwise affected shall
remain valid and subsisting.

SECTION 46. 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 47. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved: August 14, 2009