SPECIAL LAWS AFFECTING WOMEN AND CHILDREN

OUTLINE

RA 8551 RA 8972 RA 7877 RA 7610 RA 9262

Reminders:
Violence in the home usually

escalates Domestic Violence is a crime

Women must take responsibility for their situation, for protecting themselves and their children

RA 8551
otherwise known as the PNP Reform and

Reorganization Act of 1998, in its Title VII, sets the framework of the PNP in providing services to VAWC clients.
Section 57. States that the PNP shall establish womens desk in all police stations throughout the country to administer & attend to cases involving crimes against chastity, sexual harassment, abuses committed against women and children and other similar offenders

 Section 59. Gender Sensitivity Program.

The National Police Commission shall formulate a gender sensitivity program within ninety (90) days from the affectivity of this Act to include but not limited to the establishment of equal opportunities for women in the PNP, the prevention of sexual harassment in the workplace, and the prohibition of discrimination on the basis of gender or sexual orientation.

RA 8972

SOLO PARENTS WELFARE ACT OF 2000

Solo parent any individual who falls under any

of the following categories:
A woman who gives birth as a result of rape and other crimes

against chastity even without a final conviction of the offender: Provided, That the mother keeps and raises the child;
Parent left solo or alone with the responsibility of parenthood

due to death of spouse;

Parent left solo or alone with the responsibility of parenthood

while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;
Parent left solo or alone with the responsibility of parenthood

due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

 Parent left solo or alone with the responsibility of

parenthood due to legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children;
Parent left solo or alone with the responsibility of

parenthood due to declaration or nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;
Parent left solo or alone with the responsibility of

parenthood due to abandonment of spouse for at least one (1) year;

 Unmarried mother/father who has preferred to

keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution;
Any other person who solely provides parental

care and support to a child or children;

Any family member who assumes the

responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.
Note: A change in the status or circumstance of the parent claiming benefits under this Act, such that he/she is no longer left alone with the responsibility of parenthood, SHALL terminate his/her eligibility for these benefits.

Children

refer to those living with and dependent upon the solo parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of selfsupport because of mental and/or physical defect/disability:

Parental responsibility - with respect

to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines

Article 220 of Executive Order No. 209

The parents and those exercising parental authority shall have with the respect to their un emancipated children onwards the following rights and duties:

(1) To keep them in their company, to support, educate and instruct them by right precept and good example, and to provide for their upbringing in keeping with their means;

(2) To give them love and affection, advice and counsel, companionship and understanding;
(3) To provide them with moral and spiritual guidance, inculcate in them honesty, integrity, selfdiscipline, self-reliance, industry and thrift, stimulate their interest in civic affairs, and inspire in them compliance with the duties of citizenship; (4) To furnish them with good and wholesome educational materials, supervise their activities, recreation and association with others, protect them from bad company, and prevent them from acquiring habits detrimental to their health, studies and morals;

(5) To represent them in all matters affecting their interests;

(6) To demand from them respect and obedience;

(7) To impose discipline on them as may be required under the circumstances; and (8) To perform such other duties as are imposed by law upon parents and guardians. (316a)

SECTION 6. Flexible Work Schedule. The employer shall provide for a flexible working schedule for solo parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the DOLE on certain meritorious grounds. SECTION 7. Work Discrimination. No employer shall discriminate against any solo parent employee with respect to terms and conditions of employment on account of his/her status.

SECTION 8. Parental Leave.

In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

RA 7877

THE ANTI-SEXUAL HARASSMENT ACT OF 1995

Sexual Harassment:
An act, or series of acts, involving any unwelcome sexual advances, request, require or demand for sexual favor or other verbal or physical behavior of a sexual nature, committed by any official or employee in a work-related or education related environment of the person complained of.

Elements:
Offender (s) who is a person in authority demands, requests, or requires any sexual or malicious favor to his/her subordinates.

WHO ARE LIABLE?

Any official or employee regardless of sex, is liable for sexual harassment when he/she:
directly participate in the execution of any act of

sexual harassment induces or directs another or others to commit sexual harassment cooperates in the commission of sexual harassment by another through an act without which the sexual harassment would not have been accomplished cooperates in the commission of sexual harassment by another through previous or simultaneous acts.

WHO ARE THESE PERSONS LIABLE:

Employer, Employee Manager, Supervisor Agent of the Employer teacher, instructor, professor coach, trainer or any person who, having authority, influence or moral ascendancy over another in a work or training or education environment, whether the demand, require or request for submission is accepted by the object of the said act.

How is SH committed?
A. WORK RELATED 1. The sexual favor is made as a condition in the: - hiring, employment, re-employment or continued employment - granting favorable compensation, terms, conditions, promotion, privileges 2. The refusal to grant the sexual favor results in: - interfering with the employees work performance, create an intimidating, hostile or offensive work environment - cause discrimination, insecurity, discomfort, offense or humiliation to an employee who may be a co-employee, applicant, customer or ward of the person complained of.

How is SH committed?
B. EDUCATION OR TRAINING RELATED: 1. Against one who is under the actual constructive care, custody or supervision of the offender or against one whose education, training, apprenticeship, internship or tutorship is directly or constructively entrusted to, or is provided by the offender, when: - used as basis of giving a passing grade - granting of honors or scholarship - payment of a stipend or allowance - giving of any benefit, privilege or consideration. 2. When refusal of the sexual advances results in: - discrimination, insecurity, discomfort, offense or humiliation to person who may be a trainee, apprentice, intern, tutee or ward of the person being complained of. - interfering with the performance or creating an intimidating, hostile or offensive academic environment.

WHERE COMMITTED?
In the premises of the workplace or training site/institution.

In any place where the parties were found as a result of work or education or training responsibilities or relations. At work, education or training related social functions. While on official business outside the office premises or training sites/institutions or during work or training related travel. At official conferences, fora, symposia, or training sessions, and Through telephone, cellular phone, fax machine or electronics mail.

Forms of Sexual Harassment

A. Physical a. Malicious touching b. Overt Sexual Advances c. Gestures with suggestive expression lewd insinuation B. Verbal - such as but not limited to, request or demands for sexual favors and lurid remarks. C. Use of objects, pictures or graphics, letters or written notes with sexual overtones.

D. Other forms analogous to the foregoing.

Administrative Sanction
Sexual Harassment is classified as: 1. Grave or serious, 2. Less grave, and 3. Light offenses

Administrative Sanction
A. GRAVE OFFENSES, include but not limited to:
1. Unwanted touching of private parts of the body (genitalia, buttocks, breast, anus, pubic area)
2. Sexual Assault 3. Malicious touching 4. Demanding sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignment, a passing grade, granting of honors, scholarships and benefits or payment of stipend or allowance, and 5. Other analogous cases

Administrative Sanction
B. LESS GRAVE OFFENSES 1. Unwanted touching or brushing against a victims body. 2. Pinching not falling under grave offenses. 3. Derogatory or degrading remarks or innuendos directed towards the members of one sex or ones sexual orientation or used to describe a person. 4. Verbal abuse or threats with sexual overtones; 5. Other analogous cases.

Administrative Sanction
C. LIGHT OFFENSES

1. Persistently telling sexist/smutty jokes or sending these through cellular phones (text) internet (electronic mails) or other similar means, causing embarrassment or offense and carried out after the offender has been advised that they offensive or embarrassing or, even without such advise, when they are by their nature clearly embarrassing, offensive and vulgar.

2. Malicious leering or ogling; 3. Surreptitiously looking or stealing a look at a persons private parts or worn undergarments (voyeurism) 4. The display of sexually offensive pictures, materials or graffiti; 5. Unwelcome inquiries or comments about a persons sex life. 6. Unwelcome sexual flirtation, advances and propositions;

7. Making offensive hand or body gestures at an official or employee; 8. Persistent unwanted attention with sexual overtones. 9. Unwelcome phone calls with sexual overtones causing discomfort, embarrassment, offense or insult to the receiver; and 10. Other analogous cases.

ADMINISTRATIVE LIABILITIES
Any person who is found guilty of sexual harassment shall, after the investigation, be meted the penalty corresponding to the gravity and seriousness of the offense:
A. LIGHT OFFENSES: 1st offense - reprimand 2nd offense- fine or suspension not less 30 days not exceeding 6 months 3rd offense - dismissal B. LESS GRAVE OFFENSES 1st offense - fine or suspension not less 30 days not exceeding 6 months 2nd offense - dismissal C. GRAVE OFFENSES Dismissal

NOTE: If respondent is found guilty of two or more charges, the penalty should be corresponding to the most serious charge, the rest shall be aggravating circumstances.