PHILIPPINE LAW AND CONSTITUTION

ACTIVITIES:
Draw a poster for this chapter to illustrate the knowledge that you grained in this topic.

EXERCISE:
1. Show your knowledge of the social, economic, cultural and political rights as well as
the kind and level of required government obligation required. Check the column to
a) Identify the Type of rights and b) level of obligation required of government to
fulfill them
Type of Right Level of Obligation
Social
Rights and Civil Political
Economic Respect Fulfill Protect
Cultural Rights Right
right
Right to
food
Suffrage
Right
Labor
rights
Right to
Privacy
Right to
health
Right to
travel
Right to
Life

2. The matrix below will show your knowledge of the social, economic, cultural and
political law as well as the kind and level of required government obligation. Check
 the column to a) Identify the Type of rights and b) level of obligation required of
government to fulfill them
Types of Rights Covered Level of Obligation
Social
Laws and Civil Economi Politica Protec
Respect Fulfill
Cultura Rights c l Rights t
l Right
Bayanihan
Act
Anti-
Bastos
Law
Labor Law
Suffrage
Law
Anti-
Human
Traffickin
g Act
Law
against
rape

3. Read the Philippine Magna Carta of Women and

a) enumerate ten (10) rights covered by this law;
b) identify as to what type each is b. what level of obligation is required of
government to fulfill them.
You can use a matrix to present your answer.
TYPE OF RIGHTS LEVEL OF OBLIGATION
Social
RIGHTS and Civil Political
Economic Respect Fulfill Protect
cultural Rights right
right
Food security
and productive
resources
Right to
Housing
Right to decent
work
Protection of
Senior Citizen
 Right to
education and
training
Protection for
Girl Children
Women in
Especially
difficult
circumstances
Recognition and
prevention of
cultural identity
and integrity
Social
protection
Right to
representation
and
participation

4. Google the following criminal laws and accomplish the matrix below:
4.1 Anti-Domestic Violence Law
4.2 Gender-Based Cyber Crime
4.3 Anti-Human Trafficking Law
4.4 Rape Law
Anti-Domestic Violence Law
Why is the law considered Gender-responsive?
The law is considered Gender-responsive for it emphasizes and gives recognition
to the protection of women against violence in the same level of importance given to
men/male parties.
Title of the Law
Republic Act 9262: Anti-Violence Against Women and Their Children Act of
2004
Effectivity of the Law
2004
Definition of the Crime
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
relationship, or with whom he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is likely to result in
physical, sexual, psychological harm or suffering, or economic abuse including threats of such
acts, batter, assault, coercion, harassment or arbitrary deprivation of liberty.
Prohibited Acts
A Punong Barangay, Barangay Kagawad or the court hearing an application for
a protection order shall not order, direct, force or in any way, unduly influence the applicant
for a protection order to compromise or abandon any of the reliefs sought in the application for
protection under this Act. Sec. 7 of the Family Courts Act of 1997 and Secs. 410, 411, 412 and
413 of the Local Government Code of 1991 shall not apply in proceedings where relief is
sought under this act. Failure to comply with this Sec. shall render the official or judge
administrative liable.
Accused as to level of participation
The crime of violence against women and their children is committed through
any of the following acts:
(a) Causing physical harm to the woman or her child;
(b) Threatening to cause the woman or her child physical harm;
(c) Attempting to cause the woman or her child physical harm;
(d) Placing the woman or her child in fear of imminent physical harm;
(e) Attempting to compel or compelling the woman or her child to engage in conduct
which they have the right to desist from conduct or engage in, attempting to restrict
their freedom of movement or conduct and threat of force, physical or other harm, or
intimidation directed against the woman or child. This shall include but not limited to
the following acts committed with the purpose or effect of controlling or restricting the
woman and child movement or conduct:
(1) Threatening to deprive or actually depriving the woman or child of custody to
her/his family;
(2) Depriving or threatening to deprive the woman or child of financial support legally
due her or her family, or deliberately providing the woman’s child an insufficient
financial support;
(3) Threatening to deprive the woman or her child of legal right; and
(4) Preventing the woman in engaging in any legitimate profession, occupation,
business or activity or controlling their own money and properties.
(f) Inflicting or threatening to inflict physical harm on oneself for the purpose of
controlling her actions or decisions;
(g) Causing the woman or child to engage in any sexual activity which does not constitute
rape, by force or threat of force, physical harm or through intimidation directed against
the woman or child or his/her immediate family;
(h) Engaging in purposeful, knowing, or reckless conduct, personally or through another,
that alarms or causes substantial emotional or psychological distress to the woman or
her child.
Penalty
(a) Acts falling under Sec. 5(a) constituting attempted, frustrated or consummated
parricide or murder or homicide;
(b) Punished by arresto mayor;
Sec. 5(b) shall be punished by imprisonment of two degrees lower than the
prescribed penalty for the consummated crime as specified in the preceeding
paragraph but shall in no case be lower than arresto mayor;
(c) Acts falling under Sec. 5(c) and 5(d) shall be punished by arresto mayor;
(d) Acts falling under Sec. 5(e) shall be punished by prison correccional;
(e) Acts falling under Sec. 5(f) shall be punished by arresto mayor;
(f) Acts falling under Sec. 5(g) shall be punished by prision mayor;
 (g) Acts falling under Sec. 5(h) and Sec. 5(i) shall be punished by prision mayor

Gender-Based Cyber Crime

Why is the law considered Gender-responsive?
The law is considered Gender-responsive for it protects women and men equally
against cybercrime, public spaces crimes such as sexual harassment and etc.
Title of the Law
Republic Act 11313: Safe Spaces Act
Effectivity of the Law
February 6, 2019: This act shall take effect fifteen days after its publication in the
Official Gazette or in any two (2) newspapers of general circulation in the Philippines.
Definition of the Crime
Cybercrime, or computer-oriented crime, is a crime that involves a computer and a
network. The computer may have been used in a commission of a crime, or it may be the
target. Cybercrime may threaten a person, company or a nation’s security and financial health.
The law also includes the protection against public spaces crimes such as catcalling and other
sorts of sexual harassment in the streets or workplace. Sexual harassment refers to the any
unwanted sexual remarks and comments, threats, uploading or sharing or one’s photos without
consent, video and audio recordings.
Prohibited Acts
Acts such as cursing, wolf-whistling, catcalling, leering and intrusive gazing,
taunting, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs,
persistent unwanted comments on one’s appearance and etc.
Act or series of acts involving any unwelcome sexual advances, request or demand
for sexual favors or any act of sexual nature, and etc.
Accused as to level of participation
SEC 11 (1) For acts such as cursing, wolf-whistling, catcalling, leering and intrusive
gazing, taunting, unwanted invitations, misogynistic, transphobic, homophobic and sexist
slurs, persistent unwanted comments on ones appearance, relentless request for one’s personal
details such as name, contact and social media details or destination, the use of words, gesture
or actions that are ridicule on the basis of sex gender or sexual orientation, identity and/or
expression including sexist, homophobic and etc.
SEC 11 (2) Acts such as making offensive body gestures at someone, and exposing
private parts for the sexual gratification of the perpetrator with the effect of demeaning,
harassing, threatening or intimidating the offended party including flashing of private parts,
public masturbation, groping and similar lewd sexual actions
SEC 12 Acts that use information and communication technology in terrorizing and
intimidating victims through physical, psychological, and emotional threats, unwanted sexual
misogynistic, transphobic, homophobic and sexist remarks and comments online whether
publicly or through direct and private messages, invasion of victim’s privacy through
cyberstalking and etc.
SEC 16 An act or series of acts involving any unwelcome sexual advances, request or
demand for sexual favors or any act of sexual nature, whether done verbally, physically or
through the use of technology such as text messaging or electronic mail or through any other
forms of information and communication systems, that has or could have a detrimental effect
on the conditions of an individual’s employment or education, job performance or
opportunities.
Penalty
SEC 11 (1) The first offense shall be punished by a fine of one thousand pesos
(P1,000.00) and community service of twelve hours inclusive of attendance to a Gender
Sensitivity Seminar to be conducted by the PNP in coordination with the LGU and the PCW;
The second offense shall be punished by arresto menor (6 to 10 days) or a fine of three
thousand pesos (P3,000.00); The third offense shall be punished by arresto menor (11 to 30
days) and a fine of ten thousand pesos (P10,000.00).
SEC 11 (2) The first offense shall be punished by a fine of ten thousand pesos
(P10,000.00) and community service of twelve hours inclusive of attendance toa Gender
Sensitivity Seminar, to be conducted by the PNP in coordination with the LGU and the PCW;
The second offense shall be punished by arresto menor (11 to 30 days) or a fine of fifteen
thousand pesos (P15,000.00); The third offense shall be punished by arresto mayor (1 month
and 1 day to 6 months) and a fine of twenty thousand pesos (P20,000.00).
SEC 14 Penalties for Gender-Based Online Sexual Harassment – The penalty of
prision correctional in its medium period or a fine of not less than One hundred thousand pesos
(P100,000.00) but more than five hundred thousand pesos (P500,000.00) or both, at the
discretion of the court shall be imposed upon anu person found guilty of any gender based
online sexual harassment.
SEC 19 Liability of Employer – In addition to liabilities for committing acts of
gender-based sexual harassment, employers may also be held responsible for: Non-
implementation of their duties under section 17 of this Act, as provided in the penal
provisions: or Not taking action on reported acts of gender-based sexual harassment
committed in the workplace. Any person who violates subsection:
(a) Of this section, shall upon conviction, be penalized with a fine of not less than five
thousand pesos (P5,000.00) nor more than ten thousand pesos (P10,000.00)
(b) Of this section, shall upon conviction, be penalized with a fine of not less than ten
thousand pesos (P10,000.00) nor more than fifteen thousand pesos (P15,000.00)

Anti-Human Trafficking Law

Why is the law considered Gender-responsive?
The law is considered as Gender-responsive for it protects both genders equally
against human trafficking and other things that the crime entails,
Title of the Law
Republic Act No. 9208: Anti trafficking in Persons Act of 2003
Effectivity of the Law
2003: This act shall take effect fifteen (15) days from the date of its complete
publication in at least two (2) newspapers of general circulation.
Definition of the Crime
Refers to the recruitment, transportation, transfer or harboring or receipt of persons
with or without the victim’s consent or knowledge, within or across national borders by means
of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of the person, or, the giving or
receiving of payments or benefits to achieve the consent of a person having control over
another person for the purpose of exploitation which includes at a minimum, the exploitation
or the prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.
Prohibited Acts
Prosecution. R.A. 9208, specifically criminalizes trafficking for the purposes of
exploitation. The punished overt acts include trafficking under the guise of arranged marriage,
adoption, sex tourism, prostitution, pornography, or the recruitment of children into armed
conflict.
Accused as to level of participation
SEC 4. Acts of Trafficking in Persons – It shall be unlawful for any person, natural
or juridical, to commit any of the following acts:
(a) To recruit, transport, transfer; harbor, provide or receive a person by any means,
including those done under the pretext of domestic or overseas employment or training
or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
(b) To introduce or match for money, profit or material, economic or other consideration,
any person or, as provided for under S.A. No. 6955, any Filipino woman to a foreign
national, for marriage for the purpose of acquiring, buying, offering, selling, or trading
him/her to engage in prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
(c) To offer or contract marriage, real or stimulated, for the purpose of acquiring, buying
offering, selling, or trading them to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt bondage;
(d) To undertake or organize tours and travel plans consisting of tourism packages or
activities for the purpose of utilizing and offering persons for prostitution, pornography
or sexual exploitation;
(e) To maintain or hire a person to engage in prostitution or pornography;
SEC 5. Acts that Promote Trafficking in Persons – The following acts which promotes
or facilitate trafficking in persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used any house, building or
establishment for the purpose of promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued, tampered, or fake counseling
certificates, registration stickers and certificates of any government agency;
(c) To assist in the conduct of misrepresentation of fraud for purposes of facilitation the
acquisition of clearances and necessary exit documents from government agencies that
are mandated to provide pre-departure registration and services for departing person
for the purpose of promoting trafficking in persons; and
(d) To facilitate, assists or help in the exit and entry of persons from/to the country at
international and local airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel documents for the purpose of
promoting trafficking in persons.
Penalty
SEC 10. Penalties and Sanctions – The following penalties and sanctions are hereby
established for the offenses enumerated in this Act:
(a) Any person found guilty of committing any of the acts enumerated in the section 4
shall suffer the penalty of imprisonment of twenty years and a fine of not less than one
 million pesos (P1,000,000.00) but not more than two million pesos (P2,000,000.00);
(b) Any person found guilty of committing any of the acts enumerated in Section 5 shall
suffer the penalty of imprisonment of fifteen years and a fine of not less than five
hundred thousand pesos (P500,000.00) but not more than one million pesos
(P1,000,000.00);
(c) Any person found guilty of qualified trafficking under Section 6 shall suffer the
penalty of life imprisonment and a fine of not less than two million pesos
(P2,000,000.00) but not more than five million pesos (P5,000,000.00);
(d) Any persons who violates Section 7 hereof shall suffer the penalty of imprisonment of
six years and a fine not less than five hundred thousand pesos (P500,000.00) but not
more than one million pesos (P1,000,000.00);
(e) If the offender is a foreigner, he shall be immediately deported after serving his
sentence and be barred permanently from entering the country;
SEC 11. Use of Trafficked Persons – Any person who buys or engages the services of
trafficked persons for prostitution shall be penalized as:
(a) First offense – six months of community service as may be determined by the court
and a fine of fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses – imprisonment of one year and a fine of one hundred
thousand pesos (P100,000.00).

Rape Law
Why is the law considered Gender-responsive?
The law is considered as Gender-responsive because it protects women and men alike
from rape.
Title of the Law
Republic Act 8353: The Anti-Rape Law of 1997
Effectivity of the Law
September 30, 1997: This act shall take effect days after completion of its publication
in two newspapers of general circulation.
Definition of the Crime
An act of sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.
Prohibited Acts
SEC. 2. Rape as a Crime Against Persons. – The crime of rape shall hereafter be
classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended,
otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated
[REPUBLICACT NO. 8353] Tenth Congress Third Regular Session 2 into Title Eight of the
same Code a new chapter to be known as Chapter Three on Rape.
Accused as to level of participation
Article 266-A. Rape; When and How Committed. – Rape Is Committed –
1) By a man who shall have carnal knowledge of a woman under any of the following
circumstances:
(a) Through force, threat or intimidation;
(b) When the offended party is deprived of reason or otherwise unconscious;
(c) By means of fraudulent machination or grave abuse of authority; and
 (d) When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof,
shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.
Penalty
Article 266-B. Penalty – Rape under paragraph 1 of the next preceding article shall be
punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more
persons
When by reason or on the occasion of the rape, the victim has become insane
When the rape is attempted and a homicide is committed by reason or the occasion
thereof
When by reason or on the occasion of the rape, homicide is committed, the penalty
shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of
the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within the third
civil degree, or the common-law spouse of the parent of the victim;
2) When the victim is under the custody of the police or military authorities or any law
enforcement or penal institution;
3) When the rape is committed in full view of the spouse, parent, any of the children or
other relatives within the third civil degree of consanguinity;
4) When the victim is a religious engaged in legitimate religious vocation or calling and is
personally known to be such by the offender before or at the time of commission of the
crime;
5) When the victim is a child below seven (7) years old;
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency
Virus (HIV) or Acquired Immune Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted to the victim;
7) When committed by any member of the Armed Forces of the Philippines or para-
military units thereof or the Philippine National Police or any law enforcement agency
or penal institution, when the offender took advantage of his position to facilitate the
commission of the crime;
8) When by reason or on the occasion of the rape, the victim has suffered permanent
physical mutilation or disability;
9) When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime; and
10) When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.

Rape under the paragraph 2 of the next preceding article shall be punished by prison
mayor.
Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prison mayor to reclusion temporal
 When by reason or on the occasion of the rape, the victim has become insane, the
penalty shall be reclusion temporal
When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua
When by reason or on the occasion of the rape, homicide is committed, the penalty shall
be reclusion perpetua
Reclusion temporal shall be imposed if the rape is committed with committed with any
of the ten offended aggravating/qualifying circumstances mentioned in this article.

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