Republic of the Philippines

Congress of the Philippines Metro Manila

Fourteenth Congress Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-

eight day of July, two thousand eight.

REPUBLIC ACT NO. 9710

AN ACT PROVIDING FOR THE MAGNA CARTA
OF WOMEN
Be it enacted by the Senate and House of
Representatives of the Philippines in Congress assembled:

CHAPTER 1
GENERAL PROVISIONS

SECTION 1. Short Title. - This Act shall be known as “The

Magna Carta of Women”.

SEC. 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 opportunities1 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.

SEC. 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 rights to participate in and access information relating to the decision-making
processes that affect their lives and well-being. Rights-based approached 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 DEFENITION OF TERMS

SEC. 4. Definitions. – For purposes of this Act, the following terms shall mean:
“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.

“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.

“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.

“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:

“Small Farmers and Rural Workers” refers to those who are engaged directly or indirectly in
small farms and forests 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;

“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;

“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;

“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;

“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;
“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;

“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 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);

“Moro” refers to native peoples who have historically inhabited Mindanao, Palawan, and Sulu,
and who are largely of the Islamic faith;

“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;

“Senior Citizens” refers to those sixty (60) years of age and above;

“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
“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”.

“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.

“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.

“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.

“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 they 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.

“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.
“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.

“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:
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;

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

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.

“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.

“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.

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

Refrain from discriminating against women and violating their

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

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.

SEC. 6. Duties of the State Agencies and Instrumentalities. – These duties of the State shall extend to all state
agencies, offices, and instrumentali¬ties 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.

SEC. 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

SEC. 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 woman
under this Act to be enjoyed without discrimination.

SEC. 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.

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.

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 people, to abandon their lands, territories, and means of subsistence, or relocate them in special
centers for military purposes under any discriminatory condition.

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.

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.
SEC. 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.

SEC. 11. Participating 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:

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;

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;

Other Policy and Decision-Making Bodies. – Women’s groups shall also be represented in international, national, and
local special and decision-making bodies;

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 government at the international level and to
participate in the work of international organizations:
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

Private Sector. – The State shall take measures to encourage women leadership in the private sector in the form of
incentives.

SEC. 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.

SEC. 13. Equal Access and Elimination of Discrimination in Education, Schoolarships, 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.

Enrollment of women in nontraditional skills training in vocational and tertiary levels shall be encouraged.

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.

SEC. 14. Women in Sports. – The State shall develop, establish, and strengthen programs for the participating 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.

SEC. 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 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
one 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.

SEC. 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.

SEC. 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:

Maternal care to include pre-and post-natal services to address pregnancy and infant health and nutrition;

Promotion of breastfeeding;

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

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;

Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and AIDS;

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

Prevention of abortion and management of pregnancy-related complications;

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;

Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medicals standards;

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

Management, treatment, and intervention of mental health problems of woman 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 of all the above-stated aspects of women’s health in government education and
training programs, with due regard to the following:

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;

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

Ethical, legal, safe, and effective family planning methods including fertility awareness.

SEC. 18. Special Leave Benefits for Women. – A woman employee having rendered continuous aggregate
employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave
benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by
gynecological disorders.

SEC. 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:

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;

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;

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;

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

the same rights for both spouses or common law spouses in respect of the ownership, acquisition, management,
administration, enjoyment, and disposition of property;
the same rights to properties and resources, whether titled or not, and inheritance, whether formal or customary; and

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.

SEC. 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:

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 easy access to them;

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:

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;

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;

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;

Information and assistance in claiming rights to the land shall be made available to women at all times;

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

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;

Equal status shall be given to woman 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 supports to women-engaged coastal resources;

There shall be no discrimination against women in the deputization of fish wardens;

Women-friendly and sustainable agriculture technology shall be designed based on accessibility and viability in
consultation with women’s organizations;

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

Indigenous practices of women in seed storage and cultivation shall berecognized, encouraged, and protected;

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;

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

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.

SEC. 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 consult women and involve them in community planning and development,
especially in matters pertaining to land use, zoning, and relocation.
SEC. 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.

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.

The State shall further ensure:

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

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;

Membership in unions regardless of status of employment and place of employment; and

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

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.

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

Equal access to formal sources of credit and capital;

Equal share to the produce of farms and aquatic resources;
and

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.

SEC. 24. Right to Education and Training. – The State shall ensure the following:

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;

Gender-sensitive training and seminars; and

Equal opportunities in scholarships based on merit and fitness especially to those interested in research and
development aimed towards women-friendly farm technology.

SEC. 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
People; the Presidential Commission for the Urban Poor; the National Anti-Poverty Commission; and, where
applicable, the local housing boards.

SEC. 26. Right to Information. – Access to information regarding policies on women, including programs, projects,
and funding outlays that affect them, shall be ensured.

SEC. 27. Social Protection. –

The Social Security System (SSS) and the Philippine Health Insurance Corporation (PhilHealth) shall support
indigenous and community- based social protection schemes.
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.

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

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

The State shall support women with disabilities on a community-based social protection scheme.

SEC. 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 liveli¬hood, and other manifestations of their cultures and
ways of life: Provided, That these cultural systems and practices are not discriminatory to women.

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

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;

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;
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;

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

The recognition and support for women’s role in conflict- prevention, management, resolution and peacemaking, and
in indigenous systems of conflict resolution.

SEC. 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.

SEC. 31. Services and Interventions. – WEDC shall be provided with services and interventions as necessary such as,
but not limited to, the following:
Temporary and protective custody;
Medical and dental services;
Psychological evaluation;
Counseling;
Psychiatric evaluation;
Legal services;
Productivity skills capability building;
Livelihood assistance;
Job placement;
Financial assistance; and
Transportation assistance.

SEC. 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.

Girl-children shall be protected from all forms of abuse and exploitation.

Equal access of Moro and indigenous girl-children in the Madaris, schools of living culture and traditions, and the
regular schools shall be ensured.

Gender-sensitive curriculum, including legal literacy, books, and curriculum in the Madaris and schools of living
culture and traditions shall be developed.

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.)

SEC. 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.

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

SEC. 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

SEC. 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:

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 tis 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-re¬sponsive 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:

Macro socioeconomic plans such as the Medium-Term Philippine Development Plan and Medium-Term Philippine
Investment Plan;

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

Local plans and agenda such as executive-legislative agenda, comprehensive development plan (CDP),
comprehensive land use plan (CLUP), provincial development and physical development and physical framework
plan (PDPFP), and annual investment plan.

Creation and/or Strengthening of the GAD Focal Points (GFP). All departments, including their attached agencies,
offices, bureaus, states 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.
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 date that have been systematically gathered, regularly updated, and subjected to gender analysis for
planning, programming, and policy formulation.

SEC. 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.

SEC. 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.

SEC. 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:
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;

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;

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;

Assist in the filing of cases against individuals, agencies, institutions, or establishments that violate the provisions of
this Act; and

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.

SEC. 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.

SEC. 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.

SEC. 42. Incentives and Awards. – There shall be established an incentives and awards systems 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.

SEC. 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.

SEC. 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 represen¬tatives 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.

SEC. 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.

SEC. 46. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction,
administrative order, or regulation contrary to, or inconsistent with, the provisions of this Act is hereby repealed,
modified, or amended accordingly.

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

Approved,

This Act is a consolidation of Senate Bill No. 2396 and House Bill no. 4273 was finally passed by the Senate and the House of Representative

Approved: August 14, 2009