GENDER SENSITIVITY

TRAINING FOR
COOPERATIVES
MAY 22, 2019
ST. WILLIAM’S MULTI-PURPOSE COOPERATIVE TRAINING HALL
BUTIGUE, PARACELIS, MOUNTAIN PROVINCE
SEX AND GENDER:
HOW DO THEY DIFFER?
 SEX VS. GENDER

SEX GENDER
• Categorized as male or female • Masculinity and femininity
• Biological • Cultural
• Fixed at birth • Learned through socialization
• Does not change across time and • Varies over time and space
space • Unequally valued (masculinity as the
• Equally valued norm)
THUS,

while SEX is permanent and universal,

GENDER varies from one society to another.

To put it in another way,

“MALE” and “FEMALE” are Sex Categories while “FEMININE” and “MASCULINE”
are Gender Categories.
GENDER
SOCIALIZATION
MYTH OR TRUTH

IF A FATHER DOES THE HOUSEHOLD WORK, HE IS CONSIDERED AS “UNDER THE SAYA”.

MYTH OR TRUTH
MEN ARE BETTER LEADERS AND ADMINISTRATORS THAN WOMEN
MYTH OR TRUTH

IT IS THE WOMAN’S FAULT IF SHE IS BEING HARASSED SEXUALLY WHEN SHE IS

WEARING SKIMPY CLOTHING
MYTH OR TRUTH

IT IS NOT PROPER FOR A GIRL TO SAY

“I LOVE YOU” FIRST TO A BOY
MYTH OR TRUTH
THE MOTHER SHOULD BE THE ONLY ONE RESPONSIBLE FOR CHILD-REARING AND
PARENTING
SOCIALIZATION – Is the process by which social norms, roles and
expectations are learned and internalized.

GENDER SOCIALIZATION – The process by which norms and

expectations in relation to gender are learned by women and men.
GENDER STEREOTYPE – a form of prejudgment, bias or limitation given to roles and
expectations of males and females.
Gender involves the differentiations attributed by a given culture to women and men,
in the following aspects:
1. Social roles
2. Capacities
3. Traits and Characteristics
1. GENDER STEREOTYPES IN SOCIAL ROLES

Men Women
• Provides financially for the family • Takes care of the children and the
• Work as managers, construction house
builders, engineers • Works as nurse, teacher and secretary
• Portrayed as leaders • Portrayed as followers
2. GENDER STEREOTYPES IN CAPACITIES
Men Women
• Good in Math and Science • Good in arts and less intellectual
• Physically strong pursuits
• Firm decision-makers • Physically weaker and fragile
• Wishy-washy or fickle minded in
decision-making
3. GENDER STEREOTYPES IN TRAITS AND
CHARACTERISTICS

Men Women
• Active • Passive
• Aloof • Loving
• Aggressive • Peaceful
• Independent • Dependent
• Brave • Fearful
AREAS OF SOCIALIZATION

• Family
• Church
• Mass Media
• School
1. FAMILY

There are 4 processes involved in gender socialization inside the

family.
a.) Manipulation – means that people handle girls and boys
differently as infants.
Example:
Boy babies are tossed in the air.
Girl babies get more delicate handling.
1. FAMILY

b.) Canalization – means that people direct children’s attention to

gender-appropriate objects.
Example:
In the choice of toys, boys are given toy cars, girls are given dolls and
tea sets.
*Toys teach children what their prescribed roles in life will be.
1. FAMILY

c.) Verbal Appellation – telling children what they are and what is expected of them.
Example:
Brave boy, pretty girl
Boys don’t cry, girls don’t hit playmates
1. FAMILY

d.) Activity Exposure – familiarizing children to their gender-appropriate tasks

Example:
Girls help their mother with housework.
Boys are encouraged to play outside the house.
2. CHURCH

The church sets rule on how a woman should act over man.
Example:
A wife must be submissive to his husband.
3. MASS MEDIA

• Media’s sexualization of female celebrities

• Media uses young, attractive, sexy ladies to sell products like beers.
3. MASS MEDIA

• Marketing of unrealistic beauty standards through fashion magazines and the

like…
3. MASS MEDIA

• Video games that promote violence and negative stereotypes.

3. SCHOOL

Some of the aspects where gender bias can be seen…

 Instructional Language
 Classroom Management
 Instructional materials
WHAT IS
GENDER SENSITIVITY?
GENDER SENSITIVITY is the act of
being sensitive to the ways people
think about gender.
AT THE İNDİVİDUAL LEVEL...

1. It is important that men fully realize

the fact that being born a woman is being
born different and NOT INFERIOR.
*Since men are responsible for the long
deprivation and subjugation of women, it
is primarily their responsibility to restore
their dignity and their Legitimate place in
the social structure.
 AT THE ORGANIZATIONAL LEVEL…

1. Managements should be gender sensitive and should adopt gender-friendly

policies, which means that there should be gender parity in recruitment as well as
in promotions.
2. Law of equality should be honoured both in letter and in spirit. Work assigned to a
person should be determined by their competence and not their gender. Equal work
should be rewarded with equal wages.
AT THE ORGANIZATIONAL LEVEL…

3. Discriminatory practices, whether

against men or women should be
completely stopped.
4. Women-friendly policies like flexibility
in working hours, parental leave, etc.
5. All forms of sexist languages and
behaviour should be severely dealt with.
LINGUISTIC BIAS AGAINST
WOMEN
EVEN LANGUAGE IS BIAS…

Gender sensitivity often gets expressed through people’s language choice.

We can use words that are more gender neutral.

Gender-Specific Term Gender-Neutral Term

• Chairman • Chairperson
• Salesman/sales girl • Salesperson/Sales staff
• Fireman • Fire fighter
• Housewife • Housemaker
• Waiter/Waitress • Wait staff
• Spokesman • Spokesperson
Sexist language is language that demeans or stereotypes men
or women, usually women.
Using non-sexist language is a matter of courtesy -- of respect
for and sensitivity to the feelings of others.
Avoid the use of he, him, his to refer to both men and women.
Use sparingly the double pronouns he/she and his/her.

35
REVISING SEXIST LANGUAGE
There are several ways to avoid sexist language that readers
increasingly find objectionable.
Some of these devices may not work in a particular context; but the
generic pronoun he can be replaced by using these methods.
FIRST: CUT THE PRONOUN.

INSTEAD OF:
The Chairperson should read the reports as they are submitted to
him by the committee members.

WRITE:

The Chairperson should read the reports as they are submitted by

committee members.

36
SECOND: REPEAT THE NOUN.
INSTEAD OF:
The judge in whose court the case is first filed has priority in hearing
the case. If venue appears to be improper, he should grant a motion to
transfer venue.
WRITE:
The judge in whose court the case is first filed has priority in hearing
the case. If venue appears to be improper, the judge should grant a
motion to transfer venue.

37
THIRD: MAKE THE ANTECEDENT PLURAL.
This tactic makes the generic singular he unnecessary.
INSTEAD OF:
A coop officer should conscientiously meet his responsibility to avoid
even the appearance of impropriety.
WRITE:
Coop officers should conscientiously meet their responsibility to avoid
even the appearance of impropriety.

38
FOURTH: USE AN ARTICLE INSTEAD OF A PRONOUN.

INSTEAD OF:
Every creditor may use legal means to enforce his credit.

WRITE:
Every creditor may use legal means to enforce a credit.

39
FIFTH: USE “ONE.”
INSTEAD OF:
A prevailing plaintiff in Baguio City is more likely to be awarded attorneys'
fees than he is in Makati City.
WRITE:
A prevailing plaintiff in Baguio City is more likely to be awarded attorneys'
fees than one in Makati City.
NOTE:
This method is not calculated to encourage writers to say, "One may begin
an appeal from an adverse judgment by filing one's notice of appeal and
then timely submitting one's brief."
Repeating one in that manner seems unnatural to most English writers.
40
MANIFESTATIONS OF GENDER
ISSUES IN
THE CO-OPERATIVE

41
 WHY GENDER EQUALITY (GE)
IN CO-OPS?

1. Treating women and

men equally makes
good economic
sense.

42
WHY?.....

2. GE increases
productivity and
creates a
positive
environment.
43
WHY?.....
3. Integrating gender
equality benefits
the
co-operative and
creates powerful
and progressive
results.
44
SOME GENDER FACTS/ISSUES IN
CO-OPERATIVES IN THE
PHILIPPINES

1. Most members
of the Board of
Directors are
men.

45
2. Field work are
for men and
office work are
mostly for
women.
46
SOME…

3. Co-ops are not

conscious • Chairman instead of Chairperson
about the use • Businessman instead of
entrepreneur
of gender fair • Mankind instead of humankind,
human race or humanity
words and
languages.
47
SOME…

4. Some co-ops are

“income/result-
oriented” and fails
to see the human
nature in its
employees.
48
5. Can gender
equality give our
co-op better
results? Why
rock the boat
when the boat is
smoothly sailing?
49
 SOME…

6. Co-ops always
give preference
to males in the
hiring process.

50
7. Gender Equality
is only for
women—a
notion we have
when we are
invited to attend
GE seminars and
51
trainings.
8. Some employees
are good
performers but
not good
household
members.
52
9. Men have better
business
acumen and
women are
better
treasurers.
53
10. It is alright for
men to have
“coffee or beer
sessions” with
their buddies
and not alright
for women.
54
TARGETING RESULTS FROM GE

• Lower Delinquency rates

• Increased partnership of men and
women in the conduct of co-operative
activities and economic activities;
• Increased savings deposit &
memberships
• Better co-op employees and
family relationships
MY GE JOURNEY AS COOP MEMBER
AND GE ADVOCATE

• DO IT YOURSELF, MEND SOME OF

• I AM A WORK IN-PROGRESS YOUR WAYS & BE CONSISTENT
- there are still a lot of things to learn, – this is the best way to appreciate
improve on, prove and do. the benefits and advantages of
Gender Equality (GE).
MY GE JOURNEY AS COOP MEMBER
AND GE ADVOCATE

• NEVER UNDERESTIMATE THE

• LEARN TO LISTEN – it
CAPABILITY OF YOUR HUSBAND/
may be a hard thing to some, but it
WIFE – “it takes two to tango”,
is a very important ingredient to
achievements are sweeter when
respect and recognition
achieved by both.
MY GE JOURNEY AS COOP MEMBER
AND GE ADVOCATE

5. GE IS A MEANS TO AN END AND • 6. BE SENSITIVE – this

NOT AN END IN ITSELF is one of the many ways of showing
– I firmly believe that GE is an our pro-activeness to the events
important tool to having a more and things that happen around us.
fulfilling and balanced life on Don’t just sit there, say or do
earth. something
MY GE JOURNEY AS COOP MEMBER
AND GE ADVOCATE

8. BE PROUD TO BE A GENDER
7. LEARN TO ACCEPT CRITICISM
ADVOCATE AND NEVER KEEP IT
– this is a pre-requisite to success
– let others know what you
and maturity.
believe and value most.
MY GE JOURNEY AS COOP MEMBER
AND GE ADVOCATE

9. SHARE – not only

material things, knowledge, idea, 10. WALK THE TALK
time and presence. Sharing one’s - Be Role Model of being a Gender
advocacy is also necessary. Advocate
Multiply yourself by sharing.
AS A RESULT

• We firmly believe that happy and

contended members, officers and
staffs will bring about positive
results in our co-op operations.
• A happy co-op means a happy
bottom line.
MAINSTREAMING
GENDER IN THE
CO-OPERATIVE
GENDER EQUALITY
The same value, equal rights,
commitments, visibility, empowerment
and participation of women and men
in all spheres of public and private life.

It requires the acceptance and

appreciation of the complementarity
of women and men and their diverse
roles in society and in co-ops
GENDER EQUALITY AND THE CO-OPERATIVE
IDENTITY
TWO REASONS TO PURSUE GE IN CO-OPS

First, the promotion of gender

equality is an expression of a
co-operative’s adherence to the
universal values of equality, equity,
solidarity, social responsibility and
caring for others (SCI).
TWO REASONS TO PURSUE GE IN CO-OPS

Second, promoting GE is a strategy or a

means to achieve economic success.

“The Harvard Institute of International

Development (HIID) described gender equality
as making economic sense because a society
is able to tap fully its human resource, both women and men,
for its economic development .”
 Rationale for Gender Equality
•Moral and ethical issue - basic
human rights of women and
THE ICA men
GENDER •Promotion of economic
STRATEGY growth based on the full use of
(ADAPTED
2000)
human resources – “gender
equality is good for business”
and thus brings added value to
its membership and community
- valuing differences for social
and economic benefits.
 1. Genuine and clear
statement of commitment
THE ICA •From top leadership and
visibility of competent
GENDER women and men leaders
STRATEGY 2. Capacity-building
•Gender training for leaders,
Priority staff and members
and 3. Gender balance of elected
Proposals officials and staff (30 to 50%
women)
 4. Accountability and
Monitoring
•Appoint Gender Focal
THE ICA points
GENDER •Use of Sex Disaggregated
STRATEGY Data
5. Human and Financial
Priority Resources
and •Gender Budget
Proposals
•Gender balance in staff
recruitment and selection
of officers
STEPS IN Gender MAINSTREAMING in a Co-op: the AWCF/GERC Experience in
the Philippines

8. Institutionalize capacity building and gender mainstreaming

7. Review/formulate policy and integrate gender in programs &

services
M
6. Capacity building

5. Gender Plan and Budget &

4. Gender Committee and Gender Focal person
E
3. Gender Sensitivity Training to the BOD, Officers, Mgmt and members

2. Gender Analysis of the co-op and identify gender issues to be

addressed

1. Gender Orientation of the BOD, officers and key management staff

(Board Resolution)
MAINSTREAMING
GENDER AND
DEVELOPMENT IN
CO-OPERATIVES
 GENDER MAINSTREAMING
A STRATEGY integrating men and women’s concerns
in the planning, implementation, monitoring and
evaluation of co-op policies, programs and services,
structure and systems.

It is the PROCESS of assessing the implications of the

co-op’s policy, programs and services, activities,
structure and system to the women and men members,
to the community and environment

Gender mainstreaming is facilitated by the use

of gender analysis tools and processes
 GENDER MAINSTREAMING IN
ORGANIZATIONS
G
E People
N MEMBERS
• leadership
D • management
E • members
R
Enabling Mechanisms Policy COMMUNITY
A • structure • regulations
N • plan • guidelines
A • budget
• system ENVIRONMENT
L
Y Programs and services
S • Economic
I • Social
S

M O N I T O R I N G & E V A L U A T I O N
ELEMENTS TO SUPPORT GENDER MAINSTREAMING
IN CO-OPS
Gender Equality and
Women Empowerment
Capacity development

Enabling Mechanisms

GAD Planning and

Budgeting

GAD M & E

Support from the CDA, NGAs, NGOs, LGUs, Civil Society, Academe, etc.
RECOMMENDATIONS/RESOLUTIONS

POLICY – There shall be approved and

implemented policies related to GAD and
GE.
• Disaster preparedness
• Diverse cultural and religious beliefs
• Health concerns of women and men members
• Gender balance in co-op membership (there are
more women members because co-ops have more
programs that women can avail of, thus leaving
out the men)
• Gender balance in the board or leadership of co-
op (there is no equality if the leaders are either all
women or all men)
RECOMMENDATIONS/RESOLUTIONS

CO-OP DEVELOPMENT PLAN – The

approved Co-operative Development
Plan shall include
strategies/programs/activities/projects
that address issues and concerns on
gender and policy implementation.
RECOMMENDATIONS/RESOLUTIONS

PROGRAMS/ACTIVITIES/PROJECTS (e.g.,
regular GAD national summit) – The co-
operative shall prove that gender programs and
projects in the Co-operative Development Plan
are implemented.
• Capacity-building of co-ops on
GAD
• Linkages/networking for GAD or
GAD-related
• Livelihood for women and men
RECOMMENDATIONS/RESOLUTIONS

BUDGET – A GAD budget must be allocated

to the programs/activities/ projects in the
Co-operative Development Plan.
• GAD plan and budget
RECOMMENDATIONS/RESOLUTIONS

MECHANISMS AND INSTRUMENTS –

There shall be mechanisms and
instruments established in the
co-operative that will ensure GAD
mainstreaming is facilitated, implemented
and monitored.
• Awareness on GAD by the leaders
• Sex-disaggregated data (SDD)
• Documentation of specific gender issues
As LEADERS,
you should be advocates of Gender
Equality.

Good luck to your journey of being

one. 
LOCATING GENDER IN
LAW

81
 INTRODUCTION

• In spite of the few progress in law towards the emancipation of

women, power remains a male prerogative, with men retaining
economic, political, and religious control.

• Women’s space is restricted to the spheres of reproduction and

household tasks. The public space is still limited to men and a
few elite women.

• LOCATING GENDER IN LAW is the principal aim of this

presentation.

• Ironically, we note the incongruity of law and gender because

justice is personified in female form (as Justicia, with her
trademark sword and scales) yet society conceives of law as
masculine terrain.
 REPUBLIC ACT 9710
MAGNA CARTA OF WOMEN
WOMEN RIGHTS ARE HUMAN RIGHTS
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. 8)
MANDATORY TRAINING IN GST
All government personnel involved in the protection and
defense of women against gender-based violence are required
to undergo a mandatory training on human rights and gender
sensitivity. (Sec. 9c)
VAW DESKS
All local government units are mandated to 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. 9d)
AFFIRMATIVE ACTION MECHANISMS
Empowerment within the Civil Service
Within the next five years, the number of women in third level positions in
government shall be incrementally increased to achieve a fifty-fifty (50-50)
gender balance. (Sec. 11a)
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. (Sec. 11b)

Equal Treatment Before the Law.

The government is required to take steps to
review and, when necessary, amend or
repeal existing laws that are discriminatory
to women within three years from the
effectivity of the Act. (Sec. 12)
WOMEN IN SPORTS

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.

The State must ensure the safety and well-being of all women and girls
participating in sports by providing them comprehensive health and
medical insurance coverage, as well as integrated medical, nutritional,
and healthcare services.

Schools, colleges, universities, or other learning institutions must take

into account their total women student population in granting athletic
scholarship. There must be a pro rata representation of women in the
athletic scholarship program based on the percentage of women in the
whole student population.
WOMEN IN THE MILITARY

Women in the military, police, and other similar services, must not be
restricted from availing combat training that are open to men or from
taking on functions other than administrative tasks.

Women in the military must have 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.
 MARRIAGE AND FAMILY RELATIONS

• 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.

• 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.

• joint decision on the number and spacing of their children and

access to the information, education and means to enable them to
exercise these rights.

• same personal rights between spouses or common law-spouses

including the right to choose freely a profession and an occupation.

• same rights for both spouses or common-law spouses in respect of

the ownership, acquisition, management, administration,
enjoyment, and disposition of property.
USE OF HUSBAND’S SURNAME
MARRIAGE IS ANNULLED
In case of annulment of marriage, and the wife is the guilty party, she
shall resume her maiden name and surname.
If she is the innocent spouse, she may resume her maiden name and
surname. However, she may choose to continue employing her former
husband's surname, unless:
• The court decrees otherwise, or
• She or the former husband is married again to another person. (Art.
371, CC)
LEGAL SEPARATION
When legal separation has been granted, the wife shall continue using her
name and surname employed before the legal separation. (Art. 372, CC)
DEATH OF HUSBAND
A widow may use the deceased husband's surname as though he were still
living, in accordance with Article 370. (Art. 373, CC)
 QUESTION:
Is a wife obliged to use her husband’s surname?
ANSWER:
No. Article 370 of the Civil Code is clear. A married woman
may use:
• her maiden first name and surname and add her husband’s
surname, or
• her maiden first name and her husband’s surname, or
• her husband’s full name, but prefixing a word indicating that
she is his wife, such as ”Mrs.””
 Said the Supreme Court:
• a married woman has an option, but not a duty, to use the
surname of the husband in any of the ways provided by Art.
370 of the Civil Code.
• she is therefore allowed to use not only any of the three
names provided in Art. 370, but also her maiden name upon
marriage.
• she is not prohibited from continuously using her maiden
name once she is married because when a woman marries,
she does not change her name but only her civil status.
• this interpretation is consistent with the principle that
surnames indicate descent. (Maria
Virginia Remo
v. Honorable Secretary of Foreign Affairs
(G.R. No. 169202, March 5, 2010)
QUESTION:

if a married woman started to use her husband’s surname in her

passport, can she revert to the use of her maiden name when
she renews the passport?
ANSWER:

In the Remo case, the Supreme Court declared that if a married

woman started to use the surname of her husband in her
passport, she cannot revert to the use of her maiden name,
unless her marriage to her husband has already been annulled,
declared void or she was divorced by her husband and the
divorce was already recognized in the Philippines.
Once a married woman, however, opted to adopt her husband’s
surname in her passport, she may not revert to the use of her
maiden name, except in the cases enumerated in Section 5(d) of
Republic Act 8239. These instances are: (1) death of husband, (2)
divorce, (3) annulment or (4) nullity of marriage. Since Remo’s
marriage to her husband subsists, she may not resume her maiden
name in the replacement passport.
Otherwise stated, a married woman’s reversion to the use of her
maiden name must be based only on the severance of the marriage.”
EXERCISE OF PROFESSION
QUESTION:

Can the wife exercise her profession or engage in business even

without the permission of her husband?

ANSWER:

Yes. Either spouse may exercise any legitimate profession, occupation,

business, or activity without the consent of the other. A spouse may
object only on valid, serious, and moral grounds. (Art.73, FC)
QUESTION:
What if there is disagreement between the spouses?

ANSWER:
In case of disagreement, the court shall decide whether:
• The objection is proper; and
• Benefit has occurred to the family prior to the objection or
thereafter.
If the benefit accrued prior to the objection, the resulting
obligation shall be enforced against the separate property of the
spouse who has not obtained consent.
QUESTION:
Suppose the husband unjustifiably refuses to allow his wife to exercise
her profession or engage in business, what are the rights of the wife?
ANSWER:
Republic Act 9262 (VAWC), under paragraph 4, Section 5, lists this
situation as an act of violence against a woman.
The provision penalizes the man (husband or live-in partner) if
he “prevents the woman from engaging in any legitimate profession,
occupation, business, or activity or controls the victim's own money or
properties, or solely controls the conjugal or common money, or
properties.”
PROPERTY REGIME OF UNIONS
WITHOUT MARRIAGE
ARTICLE 147,FAMILY CODE APPLIES TO
TWO KINDS OF RELATIONSHIPS
First, a man and a woman who are capacitated to marry
each other live exclusively as husband and wife without
the benefit of marriage.
Second, a man and a woman live together under a void
marriage where the parties do not have an existing
marriage with other persons.
ARTICLE 148 APPLIES TO FIVE
KINDS OF RELATIONSHIPS

• bigamous marriages.
• adulterous relationships.
• relationships in a state of concubinage.
• relationships where both man and
woman are married to other persons.
• multiple dalliances of the same man.
PCW MEMO CIRCULAR 2014-06
GENDER-SENSITIVE LANGUAGE
LIMITED RECOGNITION OF DIVORCE
• Divorce is not recognized in the Philippines.
• If you’re a Filipino, it doesn’t matter where you get a divorce.
The divorce is void in the Philippines.
• This is because under the nationality principle enunciated
under Article. 15, Civil Code, all Filipinos -- wherever they
may be in the world -- are bound by Philippine laws on family
rights and duties, status, condition, and legal capacity.
• Nevertheless, a divorce decree secured outside the
Philippines are recognized in certain instances. This is
provided in Article 26, par. 2 of the Family Code which reads:
ART. 26. All marriages solemnized outside the Philippines in
accordance with the laws in force in the country where they
were solemnized, and valid there as such, shall also be valid in
this country, except those prohibited under Articles 35(1), (4),
(5) and (6), 36, 37 and 38.
Where a marriage between a Filipino citizen and a foreigner is
validly celebrated and a divorce is thereafter validly obtained
abroad by the alien spouse capacitating him or her to remarry,
the Filipino spouse shall have capacity to remarry under
Philippine law.
 The twin elements for the application of this provision are:

• There is a valid marriage that has been celebrated between a

Filipino citizen and a foreigner; and
• A valid divorce is obtained abroad by the alien spouse
capacitating him or her to remarry.
After complying with the procedure in having the foreign decree
of divorce judicially recognized (through a court action) here in
the Philippines, the Filipino spouse may validly remarry.
At first glance, Article 26 (2) seems to apply only to a marriage
between a Filipino and a foreigner.
This was raised by Cory Aquino when she agreed to include par. 2 in
Article 26 as an amendment to the Family Code. Aquino said that
the provision does not apply:
…to a divorce obtained by a former Filipino who had been
naturalized in another country after his naturalization, as it
might open the door to rich Filipinos obtaining naturalization
abroad for no other reason than to divorce their Filipino spouse.
This provision was later interpreted by the Supreme Court
to include cases involving parties who, at the time of the
celebration of the marriage were Filipino citizens, but
later one of them becomes naturalized as a foreign
citizen and obtains a divorce decree.

The reckoning point is not the citizenship of the parties at

the time of marriage, but their citizenship at the time a
valid divorce is obtained abroad by the alien spouse
capacitating the latter to remarry.
MARITAL INFIDELITY
ADULTERY

The Revised Penal Code defines adultery in Art. 333:

“Adultery is committed by any married woman who has sexual intercourse with a
man not her husband and by the man who has carnal knowledge of her knowing
her to be married, even if the marriage be subsequently declared void.”
CONCUBINAGE:
The Revised Penal Code defines and concubinage in Art. 334:

“Any husband who shall keep a mistress in the conjugal dwelling, or shall have
sexual intercourse under scandalous circumstances with a woman who is not his
wife, or shall cohabit with her in any other place, shall be punished...”
 Based on its definition under the law, a husband commits
concubinage by:

• keeping a mistress in the conjugal dwelling.

• having sexual intercourse under scandalous circumstances

with a woman who is not his wife; or

• cohabiting with his mistress in any other place.

INEQUALITIES IN THE LAW AND DISCRIMINATION AGAINST WOMEN
The provisions of the Revised Penal Code are
stacked against the wife. If she commits even
just one sexual act with another man, she can
be immediately charged criminally.
But the husband who commits numerous acts
of marital infidelity cannot be sued by his wife
for adultery because under Article 333,
adultery is a crime committed by the wife and
her paramour.
The philandering husband must be sued
under Article 334 for concubinage. The
problem is, concubinage is much more
difficult to prove in court.
QUESTION:
What’s the reason for the inequality (the heavier penalty for
the wife) under the Revised Penal Code?
ANSWER:
The law seeks to prevent the introduction of spurious heirs into
the family of the husband which can happen in adultery, not in
concubinage.
QUESTION:
If concubinage is difficult to prove in court, and the husband commits
marital infidelity, what is the wife’s remedy?

ANSWER:
RA No. 9262 or the "Anti-Violence Against Women and their Children
Act of 2004” has now come to the rescue of women.
Philandering husbands can now be charged criminally even for just
one incident of marital infidelity under the “psychological violence”
provision of RA 9262.
PSYCHOLOGICAL VIOLENCE:

Acts or omissions causing or likely to cause mental or

emotional suffering of the victim such as but not limited to
intimidation, harassment, stalking, damage to property,
public ridicule or humiliation, repeated verbal abuse and
marital infidelity.
 MARRIAGE AND FAMILY RELATIONS

• 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.

• 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.

• joint decision on the number and spacing of their children and access to the
information, education and means to enable them to exercise these rights.

• same personal rights between spouses or common law-spouses including the

right to choose freely a profession and an occupation.

• same rights for both spouses or common-law spouses in respect of the

ownership, acquisition, management, administration, enjoyment, and
disposition of property.
 REPUBLIC ACT 9262
VIOLENCE AGAINST WOMEN
AND THEIR CHILDREN ACT
QUESTION:
What is the Anti-Violence Against Women and their Children Act of
2004 (Anti-VAWC Act)?
ANSWER:
The Anti-VAWC Act is the law penalizing acts of violence against
women and their children as a public crime.
These acts include physical violence, sexual violence, psychological
violence, and economic abuse.
These acts are punishable even if committed outside the house.
QUESTION:
What is violence against women and their children or “VAWC” under the
law?
ANSWER:
Violence refers to any act or a series of acts committed by any person
against a woman who is his wife, former wife, or against a woman with
whom the person has or had a sexual or dating relationships, or with
whom he has a common child, or against her child whether legitimate or
illegitimate, inside or outside the family residence, which result or is
ikely to result in physical, sexual, psychological harm or suffering, or
economic abuse.
Violence includes threats, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
QUESTION :
Who are protected by the law?
ANSWER:
Women and their children.
“Children” means the children of the abused woman, below 18 years old, legitimate
or illegitimate, or 18 years old and above who are incapable of taking care of
themselves, including children who are not her biological children but who are under
her care.
If the acts are committed in the presence of the woman’s child, or if the woman or
child is pregnant, the penalty shall be the maximum period prescribed by law.

EXAMPLE: The woman’s niece who lives with her is a child under her care.
QUESTION:
Who are liable under the law?
ANSWER:
Husbands, former husbands, present and former boyfriends or live-in
partners, or those with whom the woman has a common child, or anyone
with whom she has/had sexual or dating relationship.
Women can also be liable under “sexual or dating relationship.” These are
the lesbian partners or former partners of the victim.
EXAMPLE:
A woman who has a child by her rapist who harasses or abuses her is
protected by this law because they have a common child.
PUNISHABLE ACTS
ECONOMIC ABUSE

• not giving adequate financial support to the wife or minor children.

• controlling the conjugal business or conjugal or community property or
the woman’s own money
PSYCHOLOGICAL VIOLENCE

• marital infidelity.
• repeated verbal abuse.
• public humiliation.
• threatening the woman that she will lose her child.
• stalking or following the woman in her workplace, school, or any public or
private place without justification.
PHYSICAL ABUSE
• battery (physical injuries).
• frustrated parricide.
SEXUAL VIOLENCE
• causing or attempting to make the woman or her child to perform
sexual acts (that do not constitute rape) by use of force, threats,
intimidation directed against the woman, her child, or her immediate
family.
• prostituting the woman or her child.
REMEDIES OF THE VICTIM
The victim or her children can request for:
• Barangay Protection Order (BPO).
• Temporary Protection Order (TPO) and Permanent Protection
Order with the court.
• file a criminal action for violation of R.A. 9262.
A BPO is an order issued by the Punong Barangay or by a kawagad
ordering the offender to desist from committing or threatening
physical harm to the victim.
It is effective for 15 days and is not extendible.
HOW DOES THE VICTIM GET A BPO?

She or her child can go to the Punong Barangay or if PB is not available, to

any kagawad, and apply for a Barangay Protection Order ( BPO). The
application must be in writing, signed and under oath.

If there is no notary or public prosecutor and the BPO is urgent, the

applicant can attest to the truth of her statements before the PB.

WHAT IS ANOTHER OPTION FOR THE WOMAN OR HER CHILD?

Without or without a BPO, she can apply for a Temporary Protection Order
(TPO) from the Family Court in her place of residence, or if there is no
Family Court, in Regional Trial Court, the Municipal Trial Court or Municipal
Circuit Trial Court or Metropolitan Trial Court.
TEMPORARY PROTECTION ORDER

A TPO is an order issued by the court on the same day of application.

It is effective for 30 days but is extendible or renewable until the hearings on

the PPO are finished and a Decision is rendered by the court to grant or deny
the PPO.

It can include an order to:

• stay away from the woman or her child, or both, or any family or
household member specified in the order, and from specific places such as
the woman’s workplace, school of the children.
• give custody of minor children to the woman.
• give support to the wife and minor children.
• the respondent to leave the house temporarily or permanently (if
PPO) regardless of who owns the house.
• give the woman one car or vehicle.
• surrender firearms.
• file a Bond to Keep the Peace.
BATTERED WIFE SYNDROME
Section 3 of R.A. 9262 defines BATTERED WIFE SYNDROME as:
“a scientifically defined pattern of psychological and behavioral
symptoms found in women living in battering relationships as a result of
cumulative abuse.”
BWS covers all forms of abuse (physical, emotional, psychological, verbal)
for as long as these result to a “pattern of psychological and behavioural
symptoms.”
BWS IN THE PHILIPPINES

In the case of People v. Canja, (86 Phil. 522 (1950), a man who had a
gambling, drinking and infidelity problem frequently beat up his wife.
One evening, while the man was asleep, his wife killed him, and confessed
the crime to her daughter. Her confession revealed that she was scared that
if she did not kill her husband, he might kill her.
The Court did not appreciate the defense of the wife, stating that the
cruelty of the husband is not a justification to take away his life.
However, in the separate opinion of Justice Marceliano Montemayor, he
wrote that the woman deserves executive clemency based on this
justification:
“The violence with which the appellant (wife) killed her husband reveals
the pent-up righteous anger and rebellion against years of abuse, insult,
and tyranny seldom heard of. Considering all these circumstances and
provocations, including the fact as already stated, that her conviction
was based on her own confession, I repeat that the appellant (wife) is
deserving of executive clemency, not of full pardon but of a substantial if
not a radical reduction or commutation of her life sentence.”21
This shows that as early as the 1950s, a Supreme Court Justice already
had an opinion on the unfairness of the law in the treatment of women
who commit crimes propelled by the pain of abusive domestic
relationships. However, in the next fifty years, there is merely a line of
Supreme Court cases wherein battered women are convicted of
parricide in the event they retaliated against their abusers.22
A breakthrough came in 2000 in Marivic Genosa, where the Supreme
Court acknowledged that it was necessary and indispensable for the court
to find out about the state of mind of the accused woman at the time of
the commission of the crime, and to ensure that a conviction is based on
guilt beyond reasonable doubt.
The Court, speaking through Justice Artemio Panganiban, was open to the
fact that the “battered wife syndrome” is a viable plea under the
traditional concept of self-defense. Hence, the case was remanded to the
Regional Trial Court of Ormoc City for reception of the testimony of the
psychiatrist, the late Dr. Alfredo Pajarillo, as an expert witness.
 REPUBLIC ACT 7877
SEXUAL HARASSMENT ACT OF 1995
 SEXUAL HARASSMENT

• any unwanted sexual advances or request for sexual favors.

• sexual conduct that creates pressure, discriminates, or produces a
hostile environment.

FORMS OF SEXUAL HARASSMENT

• physical contact.
• verbal contact like suggestions, jokes, threats, obscure comments.
• written contact like letters, notes, text or e-mail messages.
• visual contact like gestures, posting obscene or offensive posters,
cartoons, etc.
 WHERE COMMITTED AND BY WHOM

• in the work or business environment, by an employer, manager,

supervisor, who makes the sexual favor a condition for
employment, wage increase, promotion, etc.

• in the education or training environment, by a teacher, instructor,

professor, coach or anyone having authority or influence, who
makes the sexual favor a condition for a passing grade, scholarship,
etc.
 REPUBLIC ACT 8353
ANTI-RAPE LAW OF 1997
 SALIENT FEATURES OF RA 8353

• rape is formerly a crime against chastity.

• rape is now classified as a PUBLIC CRIME, no longer as a private
crime.
• men can be victims of rape.
• marital rape can be committed by the husband.
• married women can be victims of rape.
 HOW RAPE IS COMMITTED

• by penile insertion.
• by sexual assault.
• insertion of penis into the anus or mouth.
• insertion of objects into the vaginal or anal orifice.
• insertion of fingers or of the tongue into the vagina.
MARITAL RAPE
Husbands do not have property rights over their wives' bodies. Sexual
intercourse, albeit within the realm of marriage, if not consensual, is
rape.

This is the clear State policy expressly legislated in Section 266-A of the
Revised Penal Code (RPC), as amended by Republic Act (R.A.) No. 8353 or
the Anti-Rape Law of 1997.
• Husbands are reminded that marriage is not a license to forcibly rape
their wives. A husband does not own his wife's body by reason of
marriage. By marrying, she does not divest herself of the human right
to an exclusive autonomy over her own body and thus, she can
lawfully opt to give or withhold her consent to marital coitus.
• A husband aggrieved by his wife's unremitting refusal to engage in
sexual intercourse cannot resort to felonious force or coercion to make
her yield. He can seek succor before the Family Courts that can
determine whether her refusal constitutes psychological incapacity
justifying an annulment of the marriage.
The Court is aware that despite the noble intentions of the herein
pronouncement, menacing personalities may use this as a tool to harass
innocent husbands. In this regard, let it be stressed that safeguards in
the criminal justice system are in place to spot and scrutinize fabricated
or false marital rape complaints and any person who institutes untrue
and malicious charges will be made answerable under the pertinent
provisions of the RPC and/or other laws. (Peo. v. Jumawan, April
21, 2014)
PRESUMPTIONS ON SURVIVORSHIP
UNDER THE RULES OF COURT
When two persons perish in the same calamity, such as a
wreck, battle, or conflagration, and it is not shown who died
first, and there are no particular circumstances from which it
can be inferred, the survivorship is presumed from the
probabilities resulting from the strength and age of the sexes
of the parties. (Sec. 5 (jj), Rule 132, ROC)
• If both were under the age of 15 years, the older is deemed to have survived. (10 and
12)
• If both were above the age of 60 years, the younger is presumed to have survived. (62
and 65)
• If one be under 15 and the other above 60, the former is presumed to have survived. (
14 and 61)
• If both be over 15 and under 60, and the sexes be different, the male is
presumed to have survived; if the sexes be the same, then the older.
(male 25 and female 35/ same sex, older)
• If one be under 15 or over 60, and the other between these ages, the
latter is presumed to have survived. (13 or 61 and 20)