Republic Act 9710

Magna Carta of Women

The MCW is a comprehensive women's human rights law that seeks to eliminate discrimination
through the recognition, protection, fulfilment and promotion of the rights of Filipino women,
especially those belonging in the marginalized sectors of the society. It conveys a framework of
rights for women based directly on international law.

The MCW establishes the Philippine government’s pledge of commitment to the Convention on
the Elimination of All Forms of Discrimination against Women's (CEDAW) Committee in its 36th
Session in 2006 and to the UN Human Rights Council on its first Universal Periodic Review in
2009. It is the local translation of the provisions of the CEDAW, particularly in defining gender
discrimination, state obligations, substantive equality, and temporary special measures. It also
recognizes human rights guaranteed by the international Covenant on Economic, Social and
Cultural Rights (ICESCR).

Salient features of the law include:

 Increasing the number of women in third level positions in government to achieve a

fifty-fifty (50-50) gender balance within the next five years while the composition of
women in all levels of development planning and program implementation will be at
least 40 percent;
 Leave benefits of two (2) months with full pay based on gross monthly compensation for
women employees who undergo surgery caused by gynecological disorders, provided
that they have rendered continuous aggregate employment service of at least six (6)
months for the last twelve (12) months;
 Non-discrimination in employment in the field of military, police and other similar
services that include according the same promotional privileges and opportunities as
their men counterpart, including pay increases, additional benefits, and awards, based
on competency and quality of performance.
 Provision for equal access and elimination of discrimination in education, scholarships,
and training. Thus, "expulsion, non-readmission, prohibiting enrollment, and other
related discrimination of women students and faculty due to pregnancy out of marriage
shall be outlawed.
 Non-discriminatory and non-derogatory portrayal of women in media and film to raise
the consciousness of the general public in recognizing the dignity of women and the role
and contribution of women in family, community, and the society through the strategic
use of mass media;
 Equal status given to men and women on the titling of the land and issuance of
stewardship contracts and patents.
In addition to guaranteeing substantive rights, the MCW establishes the responsibility of the
government to take actions in order to end discrimination against women. It provides that the
Philippines government must "ensure the substantive equality of men and women" and
mandates the State to take steps to review, amend or repeal existing laws that are
discriminatory towards women.

The Government, in its entirety, shall fulfill these duties through the development and
implementation of laws, policies, regulatory instruments, administrative guidelines, and other
appropriate measures. It shall also establish mechanisms to promote the coherent and
integrated implementation of the MCW and other related laws and policies to effectively stop
discrimination against Filipino women.

The MCW mandates all government offices, including government-owned and controlled
corporations and local government units to adopt gender mainstreaming as a strategy for
implementing the law and attaining its objectives. It also mandates (a) planning, budgeting,
monitoring and evaluation for gender and development, (b) the creation and/or strengthening
of gender and development focal points, and (c) the generation and maintenance of gender
statistics and sex-disaggregated databases to aid in planning, programming and policy
formulation.

The Constitution of the Philippines:

An Overview
From time to time, one can read headlines announcing that the Philippine Supreme Court has
declared a law or regulation unconstitutional. For example, on December 7, 2010, the Supreme
Court rendered a decision declaring President Benigno Aquino’s Executive Order No. 1 (which
created the Truth Commission tasked to investigate the past administration) unconstitutional.
(see Biraogo vs. The Philippine Truth Commission of 2010, G.R. No. 192935, December 7, 2010)

The declaration of a law or regulation as unconstitutional proceeds from the principle that
under the Philippine legal system, the Constitution is the supreme (or fundamental law) of the
land. Laws, rules and regulations that are not consistent with the Constitution can be declared
by courts to be unconstitutional, void and of no force and effect.

As the supreme law of the land, a Constitution is not promulgated by Congress in the same
manner ordinary laws are promulgated. It is usually drafted by a group of people elected or
appointed to form a constitutional convention or commission (although Congress can also act
as a constitutional convention). The draft constitution will then be submitted to the people for
ratification. In the case of the current Constitution, it was drafted by a Constitutional
Commission created by President Corazon C. Aquino in 1986. The 1987 Constitution took effect
immediately upon its ratification by a majority of the votes cast in a plebiscite held on February
2, 1987 (see Constitution, art. XVIII, sec. 27). The 1987 Constitution replaced the 1986
Provisional Constitution (or the “Freedom Constitution”), which President Aquino promulgated
after the ouster of then President Ferdinand E. Marcos. The Freedom Constitution, which
President Cory Aquino promulgated pursuant to her powers as head of a revolutionary
government, is a major exception to the rule that a Constitution is ratified by the people. Both
the 1935 Constitution and the 1973 Constitution were the subject of ratification. While there
were questions on whether the 1973 Constitution, which was submitted for ratification during
the martial law regime of President Marcos, was validly ratified, the Supreme Court ruled in the
Javellana case that there was no further obstacle to the 1973 Constitution being considered in
force and in effect.

Why is the Constitution submitted to the people for ratification? Sovereignty resides in the
people and all government authority emanates from them. The Constitution establishes the
basic framework of government, the principles and policies of the government, and the
fundamental rights of citizens.

With respect to the 1987 Constitution, it allocates governmental powers among the executive,
legislative and judicial branches of government. The President exercises executive power,
Congress (consisting of the Senate and the House of Representatives) exercises legislative
power, and the Supreme Court and the lower courts created by law exercise judicial power.

The Constitution also enunciates state principles and policies. Among the principles and policies
embodied in the Constitution are:

(1) Sovereignty of the people;

(2) Renunciation of war as an instrument of national policy;

(3) Supremacy of civilian authority over the military;

(4) Service and protection of the people as the prime duty of the Government;

(5) Separation of Church and State;

(6) Guarantee of human rights;

(7) Separation of power among the various branches of governments; and

(8) Autonomy for local government units.

One of the central components of the Constitution is the Bill of Rights, which declares and
enumerates the basic rights and liberties of the people which the government (or any person) is
forbidden to violate or encroach upon. Among the rights granted by the Constitution are:

(1) Due process of law and equal protection;

(2) Right against unreasonable search and seizure;

(3) Right of privacy;

(4) Freedom of speech, of expression, and of the press;

(5) Freedom of religion;

(6) Liberty of abode and travel;

(7) Right to information on matters of public concern;

(8) Right to form associations for purposes not contrary to law;

(9) Right to a just compensation when private property is taken for public use;

(10) Right against impairment of contract;

(11) Freedom of access to the courts;

(12) Rights pertaining to persons under investigation;

(13) Right against excessive bail;

(14) Rights of the accused in criminal cases; and

(15) Right to speedy disposition of cases.

In its decision declaring the executive order creating the Truth Commission as unconstitutional,
the Supreme Court found that it violated the equal protection clause of the Bill of Rights as
it singled out the past administration in the investigation that the Truth Commission will
conduct. The Supreme Court’s ruling is now the subject of a motion for reconsideration. We
should know soon whether the verdict of unconstitutionality will stand.