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"l) 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 the 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)/Acquired Immune Deficiency
Syndrome (AIDS) or any other sexually transmissible disease and the
virus or disease is transmitted to the victim;
Sec. 5. Effectivity. - This Act shall take effect fifteen (15) days after
completion of its publication in two (2) newspapers of general
circulation.
"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
Rape violates a womans well being and not just her virginity or
purity. The law considers that any woman, whether a
prostituted woman, non-virgin or one who has an active sexual
life may be victimized by rape.
A Public Offense
By declaring that rape is a crime against persons, the law no longer
considers it as a private crime. Anyone who has knowledge of the
crime may file a case on the victims behalf. Prosecution continues
even if the victim drops the case or pardons the offender.
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"Sec. 16. Penal Provisions "a) Any employer who violates Sections 12, 12-A, and Section 14 of
this act, as amended, shall be penalized by imprisonment of six (6)
months and one (1) day to six (6) years or a fine of not less than Fifty
thousand pesos (P50,000.00) but not more than Three hundred
thousand pesos (P300,000.00) or both at the discretion of the court.
"b) Any person who violates the provision of Section 12-D of this act
or the employer of the subcontractor who employs, or the one who
facilitates the employment of a child in hazardous work, shall suffer
the penalty of a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than One million pesos (P1,000,000.00),
or imprisonment of not less than twelve (12) years and one (1) day
to twenty (20) years, or both such fine and imprisonment at the
discretion of the court.
"c) Any person who violates Sections 12-D(1) and 12-D(2) shall be
prosecuted and penalized in accordance with the penalty provided
for by R. A. 9208 otherwise known as the "Anti-trafficking in Persons
"h) In case of such closure, the employer shall be required to pay the
employee(s) the separation pay and other monetary benefits
provided for by law."
Section 7. The same Act is hereby further amended by adding a new
section to be denominated as Section 16-A, to read as follows:
"Sec. 16-A. Trust Fund from Fines and Penalties - The fine imposed
by the court shall be treated as a Trust Fund, administered by the
Department of Labor and Employment and disbursed exclusively for
the needs, including the costs of rehabilitation and reintegration
into the mainstream of society of the working children who are
victims of the violations of this Act, and for the programs and
projects that will prevent acts of child labor."
Section 8. Section 27 of the same Act is hereby amended to read as
follows:
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Such rules and regulations shall take effect upon their publication in
two (2) national newspapers of general circulation.
Section 11. Separability Clause. - If any provision of this Act is
declared invalid or unconstitutional, the validity of the remaining
provisions hereof shall remain in full force and effect.
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"In cases where the victim is a child, any of the following acts shall
also be deemed as attempted trafficking in persons:
"(a) Facilitating the travel of a child who travels alone to a foreign
country or territory without valid reason therefor and without the
required clearance or permit from the Department of Social Welfare
and Development, or a written permit or justification from the
childs parent or legal guardian;
"(b) Executing, for a consideration, an affidavit of consent or a
written consent for adoption;
"(c) Recruiting a woman to bear a child for the purpose of selling the
child;
"(d) Simulating a birth for the purpose of selling the child; and
"(e) Soliciting a child and acquiring the custody thereof through any
means from among hospitals, clinics, nurseries, daycare centers,
refugee or evacuation centers, and low-income families, for the
purpose of selling the child."
Section 6. A new Section 4-B is hereby inserted in Republic Act No.
9208, to read as follows:
"(2) To abuse or threaten the use of law or the legal processes; and
"(k) To recruit, transport, harbor, obtain, transfer, maintain, hire,
offer, provide, adopt or receive a child for purposes of exploitation
or trading them, including but not limited to, the act of baring
and/or selling a child for any consideration or for barter for purposes
of exploitation. Trafficking for purposes of exploitation of children
shall include:
"(1) All forms of slavery or practices similar to slavery, involuntary
servitude, debt bondage and forced labor, including recruitment of
children for use in armed conflict;
"(2) The use, procuring or offering of a child for prostitution, for the
production of pornography, or for pornographic performances;
"(3) The use, procuring or offering of a child for the production and
trafficking of drugs; and
"(4) The use, procuring or offering of a child for illegal activities or
work which, by its nature or the circumstances in which it is carried
out, is likely to harm their health, safety or morals; and
"(l) To organize or direct other persons to commit the offenses
defined as acts of trafficking under this Act."
Section 5. A new Section 4-A is hereby inserted in Republic Act No.
9208, to read as follows:
"SEC. 4-A. Attempted Trafficking in Persons. Where there are acts
to initiate the commission of a trafficking offense but the offender
failed to or did not execute all the elements of the crime, by
accident or by reason of some cause other than voluntary
desistance, such overt acts shall be deemed as an attempt to
commit an act of trafficking in persons. As such, an attempt to
commit any of the offenses enumerated in Section 4 of this Act shall
constitute attempted trafficking in persons.
"SEC. 12. Prescriptive Period. Trafficking cases under this Act shall
prescribe in ten (10) years: Provided, however, That trafficking cases
committed by a syndicate or in a large scale as defined under
Section 6, or against a child, shall prescribe in twenty (20) years.
"In implementing this Act, the agencies concerned may seek and
enlist the assistance of NGOs, peoples organizations (POs), civic
organizations and other volunteer groups."
Section 16. A new Section 16-A is hereby inserted into Republic Act
No. 9208, to read as follows:
on
trafficking
victims
and
the
Section 19. A new Section 17-B is hereby inserted into Republic Act
No. 9208, to read as follows:
Section 25. A new Section 28-A is hereby inserted into Republic Act
No. 9208, to read as follows:
"SEC. 28-A. Additional Funds for the Council. The amount collected
from every penalty, fine or asset derived from any violation of this
Act shall be earmarked as additional funds for the use of the Council.
The fund may be augmented by grants, donations and endowment
from various sources, domestic or foreign, for purposes related to
their functions, subject to the existing accepted rules and
regulations of the Commission on Audit."
asa. The team will work on the individualized intervention plan with
the child and the childs family.
x
x.
A child above fifteen (15) years but below eighteen (18) years of
age shall likewise be exempt from criminal liability and be subjected
to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the
appropriate proceedings in accordance with this Act.
(vii) Two (2) representatives from NGOs operating within the region
selected by the RJJWC based on the criteria established by the JJWC;
The JJWC shall convene within fifteen (15) days from the effectivity
of this Act. The Secretary of Social Welfare and Development shall
determine the organizational structure and staffing pattern of the
JJWC national secretariat and the RJJWC secretariat.
In the implementation of this Act, the JJWC shall consult with the
various leagues of local government officials.
The JJWC shall coordinate with the Office of the Court
Administrator and the Philippine Judicial Academy to ensure the
realization of its mandate and the proper discharge of its duties and
functions, as herein provided.
SEC.5. Section 9 of Republic Act No. 9344 is hereby amended to read
as follows:
SEC. 9. Duties and Functions of the JJWC. The JJWC shall have the
following duties and functions:
SEC. 9-A. Duties and Functions of the RJJWC. The RJJWC shall
have the following duties and functions:
(a) To oversee and ensure the effective implementation of this Act
at the regional level and at the level of the LGUs;
(b) To assist the concerned agencies in the implementation and in
compliance with the JJWCs adopted policies/regulations or provide
substantial inputs to the JJWC in the formulation of new ones in line
with the provisions of this Act;
(c) To assist in the development of the comprehensive 3 to 5-year
local juvenile intervention program, with the participation of
concerned LGUs, NGOs and youth organizations within the region
and monitor its implementation;
(d) To coordinate the implementation of the juvenile intervention
programs and activities by national government agencies and other
activities within the region;
(e) To oversee the programs and operation of the intensive juvenile
intervention and support center established within the region;
(f) To collect relevant regional information and conduct continuing
research and support evaluations and studies on all matters relating
to juvenile justice and welfare within the region, such as, but not
limited to:
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If the child has been found by the local social welfare and
development officer to be dependent, abandoned, neglected or
abused by his/her parents and the best interest of the child requires
that he/she be placed in a youth care facility or Bahay Pag-asa, the
childs parents or guardians shall execute a written authorization for
the voluntary commitment of the child: Provided, That if the child
has no parents or guardians or if they refuse or fail to execute the
written authorization for voluntary commitment, the proper petition
for involuntary commitment shall be immediately filed by the DSWD
or the Local Social Welfare and Development Office (LSWDO)
pursuant to Presidential Decree No. 603, as amended, otherwise
known as The Child and Youth Welfare Code and the Supreme
Court rule on commitment of children: Provided, further, That the
minimum age for children committed to a youth care facility or
Bahay Pag-asa shall be twelve (12) years old.
SEC. 20-A. Serious Crimes Committed by Children Who Are Exempt
From Criminal Responsibility. A child who is above twelve (12)
years of age up to fifteen (15) years of age and who commits
parricide, murder, infanticide, kidnapping and serious illegal
detention where the victim is killed or raped, robbery, with homicide
or rape, destructive arson, rape, or carnapping where the driver or
occupant is killed or raped or offenses under Republic Act No. 9165
(Comprehensive Dangerous Drugs Act of 2002) punishable by more
than twelve (12) years of imprisonment, shall be deemed a
neglected child under Presidential Decree No. 603, as amended, and
shall be mandatorily placed in a special facility within the youth care
faculty or Bahay Pag-asa called the Intensive Juvenile Intervention
and Support Center (IJISC).
In accordance with existing laws, rules, procedures and guidelines,
the proper petition for involuntary commitment and placement
under the IJISC shall be filed by the local social welfare and
development officer of the LGU where the offense was committed,
or by the DSWD social worker in the local social welfare and
development officers absence, within twenty-four (24) hours from
the time of the receipt of a report on the alleged commission of said
child. The court, where the petition for involuntary commitment has
been filed shall decide on the petition within seventy-two (72) hours
from the time the said petition has been filed by the DSWD/LSWDO.
The court will determine the initial period of placement of the child
within the IJISC which shall not be less than one (1) year. The multidisciplinary team of the IJISC will submit to the court a case study
and progress report, to include a psychiatric evaluation report and
recommend the reintegration of the child to his/her family or the
extension of the placement under the IJISC. The multi-disciplinary
team will also submit a report to the court on the services extended
to the parents and family of the child and the compliance of the
parents in the intervention program. The court will decide whether
the child has successfully completed the center-based intervention
program and is already prepared to be reintegrated with his/her
family or if there is a need for the continuation of the center-based
rehabilitation of the child. The court will determine the next period
of assessment or hearing on the commitment of the child.
SEC. 20-B. Repetition of Offenses. A child who is above twelve
(12) years of age up to fifteen (15) years of age and who commits an
offense for the second time or oftener: Provided, That the child was
previously subjected to a community-based intervention program,
shall be deemed a neglected child under Presidential Decree No.
603, as amended, and shall undergo an intensive intervention
program supervised by the local social welfare and development
officer: Provided, further, That, if the best interest of the child
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requires that he/she be placed in a youth care facility or Bahay Pagasa, the childs parents or guardians shall execute a written
authorization for the voluntary commitment of the child: Provided,
finally, That if the child has no parents or guardians or if they refuse
or fail to execute the written authorization for voluntary
commitment, the proper petition for involuntary commitment shall
be immediately filed by the DSWD or the LSWDO pursuant to
Presidential Decree No. 603, as amended.
SEC. 20-C. Exploitation of Children for Commission of Crimes. Any
person who, in the commission of a crime, makes use, takes
advantage of, or profits from the use of children, including any
person who abuses his/her authority over the child or who, with
abuse of confidence, takes advantage of the vulnerabilities of the
child and shall induce, threaten or instigate the commission of the
crime, shall be imposed the penalty prescribed by law for the crime
committed in its maximum period.
SEC. 20-D. Joint Parental Responsibility. Based on the
recommendation of the multi-disciplinary team of the IJISC, the
LSWDO or the DSWD, the court may require the parents of a child in
conflict with the law to undergo counseling or any other
intervention that, in the opinion of the court, would advance the
welfare and best interest of the child.
As used in this Act, parents shall mean any of the following:
(a) Biological parents of the child; or
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The LGUs concerned shall make available, from its own resources
or assets, their counterpart share equivalent to the national
government contribution of Five million pesos (P5,000,000.00) per
rehabilitation center.
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.
CHAPTER II
DEFINITION OF TERMS
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, selfemployed, unpaid family workers directly and personally engaged in
agriculture, small-scale mining, handicrafts, and other related farm
and off-farm activities;
(2) "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 shellgatherers, managers, and producers of mangrove resources, and
other related producers:
(3) "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;
(4) "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;
(5) "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:
(6) "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;
(7) "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
dime of conquest or colonization, or at the time of inroads of nonindigenous 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 or who may have
resettled outside their ancestral 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);
(c) 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.
Section 6. Duties of the State Agencies and Instrumentalities. - These
duties of the State shall extend to all state agencies, offices, and
instrumentalities 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.
CHAPTER IV
RIGHTS AND EMPOWERMENT
Section 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.
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.
Section 5. The State as the Primary Duty-Bearer. - The State, as the
primary duty-bearer, shall:
(a) Refrain from discriminating against women and violating their
rights;
(b) Protect women against discrimination and from violation of their
rights by private corporations, entities, and individuals; and
Section 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.
For this purpose, the State shall ensure allocation of space; airtime,
and resources, strengthen programming, production, and imagemaking that appropriately present women's needs, issues, and
concerns in all forms of media, communication, information
dissemination, and advertising.
other fishery rights for the use and management of such coastal and
aquatic resources which may include providing support to womenengaged coastal resources;
(8) There shall be no discrimination against women in the
deputization of fish wardens;
(9) Women-friendly and sustainable agriculture technology shall be
designed based on accessibility and viability in consultation with
women's organizations;
(10) Access to small farmer-based and controlled seeds production
and distribution shall be ensured and protected;
(11) Indigenous practices of women in seed storage and cultivation
shall be recognized, encouraged, and protected;
(12) 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;
(13) 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
(14) 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.
Section 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
shall consult women and involve them in community planning and
development, especially in matters pertaining to land use, zoning,
and relocation.
Section 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.
(2) 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
(a) 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.
(b) The State shall further ensure:
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Section 27. Social Protection. (a) The Social Security System (SSS) and the Philippine Health
Insurance Corporation (PhilHealth) shall support indigenous and
community-based social protection schemes.
(b) 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.
(c) The State shall endeavor to reduce and eventually eliminate
transfer costs of remittances from abroad through appropriate
bilateral and multilateral agreements. It shall likewise provide access
to investment opportunities for remittances in line with national
development efforts.
(d) The State shall establish a health insurance program for senior
citizens and indigents.
(e) The State shall support women with disabilities on a communitybased social protection scheme.
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
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