Carlos Hilado Memorial State College GAD Related Issues and Applicable Laws PDF

Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable De...

Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) Module 3: GAD Related Issues and Applicable Laws Chapter 3: Learning Objective At the end of this lesson, you will be able to:  discuss GAD related issues and the salient features of the applicable laws such as: a) RA 7877: Anti- Sexual Harassment Act of 1995 & RA 11313: Safe Spaces Act b) RA 101627: Anti-Bullying Act of 2013 & RA 10175: Cybercrime Prevention Act of 2012 c) RA 9262: Anti-Violence Against Women and Their Children d) RA 10364: Expanded Anti-Trafficking in Person Act of 2012 I. Introduction This module covers several related issues, and the applicable laws in gender and development. Specifically, the module tackles laws on anti-sexual harassment (RA 7877) & safe spaces (RA 11313), anti-bullying (RA 101627) & cybercrime prevention (RA10175), anti- violence against women and their children (RA 9262) and anti-trafficking in persons (RA 9208) and other gender related issues. Due to the current situation, your involvement in the mandated 18-day campaign to end violence against women and their children (VAWC) will be celebrated through making posters that will showcase your understanding, appreciation and support to the said campaign. The duration of this chapter is 9 hours per week. II. Lesson/Unit/Study Guide/ Notes I. RA 7877: Anti-Sexual Harassment Act of 1995 and RA 11313: Safe Spaces Act A. Republic Act 7877: Anti-Sexual Harassment Act of 1995 An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes.  Explicitly stated in the Title and Declaration of Policy of RA 7877: “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other Purposes” SECTION 2. Declaration of Policy. - “The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.”  “Employment, Education or Training Environment” does not only refer to the premises of the workplace or office or of the school or training institution. Based on the Civil Service Commission Resolution No.01-0940, Administrative Disciplinary Rules on Sexual Harassment Cases, sexual harassment may take place in the following: a. In the premises of the workplace or office or of the school or training institution; b. In any place where the parties were found as a result of work or education or training responsibilities or relations; c. At work or education or training-related social functions; 1 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) d. While on official business outside the office or school or training institution or during work or school or training-related travel; e. At official conferences, fora, symposia, or training sessions; and f. By telephone, cellular phone, fax machine, or electronic mail. SECTION 3. Work, Education or Training-Related Sexual Harassment Defined – Work, education or training-related sexual harassment is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.  Sexual harassment as defined can be understood within the context of the so-called “Power Relationships” Power relationships are relationships involving power inequality which means one has more power than the other. For instance, relationship between an employer and employee, a manager and his/her subordinate, a boss and his/her secretary, a teacher and a student, a coach and a player, or a trainer and a trainee. RA 7877 defines sexual harassment as those committed by the more powerful when they demand, request, or otherwise require any SEXUAL FAVOR from the less powerful regardless whether this was accepted or not. RA 7877 refers to power in the form of AUTHORITY, INFLUENCE, or MORAL ASCENDANCY (AIM).  The demand for sexual favor may not be explicit or stated. The court interprets the “demand, request or requirement of a sexual favor” as not necessarily an oral or written statement. For instance, the offender’s act of mashing the breast of his student was considered by the Supreme Court as sexual harassment (Nicholas & De Vega Law Offices, 2013). Sexual Harassment in Work-related or Employment Environment  Based on Section 3a of RA 7877, sexual harassment is committed in work-related environment when: a. Sexual favor is made as condition in:  Hiring, or in the employment, re-employment or continued employment  Granting favorable compensation, terms of conditions, promotions, or privileges b. Refusal of sexual favor results in:  Limiting, segregating, classifying employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee; c. The above acts would:  impair the employee’s rights or privileges under existing labor laws; or  result in an intimidating, hostile, or offensive environment for the employee. B. Republic Act 11313: Safe Spaces Act AN ACT DEFINING GENDER-BASED SEXUAL HARASSMENT IN STREETS, PUBLIC SPACES, ONLINE, WORKPLACES, AND EDUCATIONAL OR TRAINING INSTITUTIONS, PROVIDING PROTECTIVE MEASURES AND PRESCRIBING PENALTIES THEREFOR Sec. 2. Declaration of Policies. – It is the policy of the State to value the dignity of every human person and guarantee full respect for human rights. It is likewise the policy of the State to recognize 2 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) the role of women in nation-building and ensure the fundamental equality before the law of women and men. The State also recognizes that both men and women must have equality, security and safety not only in private, but also on the streets, public spaces, online, workplaces and educational and training institutions. Punishable Acts Penalty (as further defined in RA No. 11313) Gender-based sexual harassment in First offense: fine of one thousand pesos streets and public spaces: (P1,000.00) and community service of Cursing, wolf-whistling, catcalling, leering twelve (12) hours inclusive of attendance and intrusive gazing, taunting, unwanted to a Gender Sensitivity Seminar invitations, misogynistic, transphobic, Second offense: arresto menor (6 to 10 homophobic, and sexist slurs, persistent days) or a fine of three thousand pesos unwanted comments on one’s appearance, (P3,000.00) relentless requests for one’s personal details Third offense: arresto menor (11 to 30 such as name, contact and social media days) or a fine of ten thousand pesos details or destination, the use of words, (P10,000.00) gestures or actions that ridicule on the basis of sex, gender or sexual orientation, identity and/or expression including sexist, homophobic, and transphobic statements and slurs, the persistent telling of sexual jokes, use of sexual names, comments and demands, and any statement that has made an invasion on a person’s personal space or threatens the person’s sense of personal safety Gender-based sexual harassment in First offense: fine of ten thousand pesos streets and public spaces: (P10,000.00) and community service of Making offensive body gestures at someone, twelve (12) hours inclusive of attendance exposing private parts for the sexual to a Gender Sensitivity Seminar gratification of the perpetrator with the effect Second offense: arresto menor (11 to 30 of demeaning, harassing, threatening or days) or a fine of fifteen thousand pesos intimidating the offended party including (P15,000.00) flashing of private parts, public masturbation, Third offense: arresto mayor (1 month groping, and similar lewd sexual actions and 1 day to 6 months) and a fine of twenty thousand pesos (P20,000.00) Gender-based sexual harassment in First offense: arresto menor (11 to 30 streets and public spaces: days) or a fine of thirty thousand pesos Stalking, any of the acts mentioned in 11(a) (P30,000.00), provided that it includes or 11(b) when accompanied by touching, attendance in a Gender Sensitivity pinching or brushing against the body of the Seminar offended person; any touching, pinching, or Second offense: arresto mayor (1 month brushing against the genitalia, face, arms, and 1 day) or a fine of fifty thousand anus, groin, breasts, inner thighs, buttocks or pesos (P50,000.00) any part of the victim’s body even when not Third offense: arresto mayor in its accompanied by acts mentioned in 11(a) and maximum period or a fine of one hundred 11(b) thousand pesos (P100,000.00) Prision correccional in its medium period or a fine of not less than one hundred Gender-based online sexual harassment thousand pesos (P100,000.00) but not more than five hundred thousand pesos 3 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) (P500,000.00), or both at the discretion of the court Qualified gender-based sexual Penalty next higher in degree harassment Administrative penalties as provided for Gender-based sexual harassment in the by the employer’s Committee on workplace and educational or training Decorum and Investigation, and without institutions prejudice to other applicable criminal violations and penalties Failure of employers or school heads to Fine of not less than five thousand pesos implement their duties under the Safe (P5,000.00) nor more than ten thousand Spaces Act (i.e. including setting of pesos (P10,000.00) administrative penalties to violations of gender-based sexual harassment in the workplace) Failure of employers or school heads to Fine of not less than ten thousand pesos take action on reported acts of gender- (P10,000.00) nor more than fifteen based sexual harassment committed in the thousand pesos (P15,000.00) workplace or in the educational institution In addition to penalizing acts of gender-based sexual harassment in public places, the Safe Spaces Act also expands the 1995 Anti-Sexual Harassment Act. Formerly, sexual harassment was only punished when committed by someone who has authority, influence, or moral ascendancy over the victim. Under the Safe Spaces Act, acts committed between peers, by a subordinate to a superior officer, by a student to a teacher, or by a trainee to a trainer are now covered as punishable sexual harassment. II. RA 101627: Anti-Bullying Act of 2013 and RA 10175: Cybercrime Prevention Act of 2012 A. RA 101627: Anti-Bullying Act of 2013 AN ACT REQUIRING ALL ELEMENTARY AND SECONDARY SCHOOLS TO ADOPT POLICIES TO PREVENT AND ADDRESS THE ACTS OF BULLYING IN THEIR INSTITUTIONS SEC. 2. Acts of Bullying. – For purposes of this Act, “bullying” shall refer to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other student; infringing on the rights of the other student at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following: a. Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; b. Any act that causes damage to a victim’s psyche and/or emotional well-being; c. Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim’s looks, clothes and body; and d. Cyber-bullying or any bullying done through the use of technology or any electronic means. 4 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) B. RA 10175: Cybercrime Prevention Act of 2012 AN ACT DEFINING CYBERCRIME, PROVIDING FOR THE PREVENTION, INVESTIGATION, SUPPRESSION AND THE IMPOSITION OF PENALTIES THEREFOR AND FOR OTHER PURPOSES Section 2. Declaration of Policy. — The State recognizes the vital role of information and communications industries such as content production, telecommunications, broadcasting electronic commerce, and data processing, in the nation’s overall social and economic development. The State also recognizes the importance of providing an environment conducive to the development, acceleration, and rational application and exploitation of information and communications technology (ICT) to attain free, easy, and intelligible access to exchange and/or delivery of information; and the need to protect and safeguard the integrity of computer, computer and communications systems, networks, and databases, and the confidentiality, integrity, and availability of information and data stored therein, from all forms of misuse, abuse, and illegal access by making punishable under the law such conduct or conducts. In this light, the State shall adopt sufficient powers to effectively prevent and combat such offenses by facilitating their detection, investigation, and prosecution at both the domestic and international levels, and by providing arrangements for fast and reliable international cooperation. Punishable Acts Section 4. Cybercrime Offenses. I. Offenses against the confidentiality, integrity and availability of computer data and systems: (1) Illegal Access. – The access to the whole or any part of a computer system without right. (2) Illegal Interception. – The interception made by technical means without right of any non- public transmission of computer data to, from, or within a computer system including electromagnetic emissions from a computer system carrying such computer data. (3) Data Interference. — The intentional or reckless alteration, damaging, deletion or deterioration of computer data, electronic document, or electronic data message, without right, including the introduction or transmission of viruses. (4) System Interference. — The intentional alteration or reckless hindering or interference with the functioning of a computer or computer network by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data or program, electronic document, or electronic data message, without right or authority, including the introduction or transmission of viruses. (5) Misuse of Devices. The use, production, sale, procurement, importation, distribution, or otherwise making available, without right, of a device or computer password. (6) Cyber-squatting. – The acquisition of a domain name over the internet in bad faith to profit, mislead, destroy reputation, and deprive others from registering the same II. Computer-related Offenses: (1) Computer-related Forgery- The input, alteration, or deletion of any computer data without right resulting in inauthentic data with the intent that it be considered or acted upon for legal purposes as if it were authentic, regardless whether or not the data is directly readable and intelligible (2) Computer-related Fraud. — The unauthorized input, alteration, or deletion of computer data or program or interference in the functioning of a computer system, causing damage thereby with fraudulent intent. III. Content-related Offenses: (1) Cybersex- — The willful engagement, maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a computer system, for favor or consideration. (2) Child Pornography. — The unlawful or prohibited acts defined and punishable by Republic Act No. 9775 or the Anti-Child Pornography Act of 2009, committed through a computer system. 5 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) (3) Unsolicited Commercial Communications. — The transmission of commercial electronic communication with the use of computer system which seek to advertise, sell, or offer for sale products and services are prohibited. (4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future. Section 8. Penalties. — Any person found guilty of any of the punishable acts enumerated in Sections 4(I) and 4(II) of this Act shall be punished with imprisonment of prision mayor or a fine of at least Two hundred thousand pesos (PhP200,000.00) up to a maximum amount commensurate to the damage incurred or both. III. RA 9262: ANTI- VIOLENCE AGAINST WOMEN AND THEIR CHILDREN What is RA 9262? It is a special law, otherwise known as Anti-Violence against women and their Children Act of 2004 (Anti-VAWC), which penalizes as a public crime certain acts of violence against women and their children. The law was signed March 8, 2004. What is “violence against women and their children”? “Violence against women and their children” (VAWC) is any act or a series of acts committed against the victim which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. Who is the woman victim protected under this law? a) wife; or b) former wife; or c) a woman with whom the offender has or had a sexual or dating relationship; or d) a woman with whom the offender has a common child; Who are the children victims protected under the law? “Children” means the abused woman’s children, boy or girl alike, below 18 years old, whether legitimate or illegitimate; or other children who live with the woman or are under her care. Who is the “offender”? The following can be held liable for violation of RA 9262: a) husband; b) former husband; c) boyfriend; d) Ex-boyfriend; e) live-in partner or ex-partner f) one with whom the woman has a common child; g) one with whom the woman has/had sexual or dating relationship Can a woman be held liable for committing violation of RA 9262? Yes. A lesbian partner/girlfriend or ex-lesbian partner/girlfriend can also be held liable for committing act or a series of acts against another woman with whom the lesbian has or had a sexual or dating relationship; Important Definition of Terms: “Battery” refers to an act of inflicting physical harm upon the woman or her child resulting to physical and psychological or emotional distress. Battered Woman defined: 6 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) A battered woman is one who is repeatedly subjected to any forceful, physical or psychological behavior by a man in order to coerce her to do something he wants her to do without concern for her rights. TO BE CLASSIFIED AS SUCH, the couple must go through the battling cycle at least TWICE. Any woman may find herself in an abusive relationship with a man once. IF IT OCCURS again, and she remains in the situation, she is defined as a battered woman. Cycle of Violence (An Overview People v Genosa GR 135981) Tension Building Phase Minor battering occurs – verbal, physical abuse or other form of hostile behavior. The woman tries to pacify the batterer but this placatory/ passive behavior only legitimizes the man’s belief that he has the right to abuse her. At some point, the violence gets out of control and leads to: Acute Battering Incident Brutal and destructive violence that could lead to death. Tranquil, Loving Phase This is when Acute Battering Incident ends. During this period, the couple experience profound relief. The batterer may show tender, nurturing behavior towards his partner. “Stalking” refers to an intentional act committed by a person who, knowingly and without lawful justification, follows the woman or her child, or places the woman or her child under surveillance directly or indirectly or a combination thereof. “Sexual relations” refers to a single sexual act which may or may not result in the bearing of a common child. “Dating relationship” refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved overtime and on a continuing basis during the course of the relationship. A casual acquaintance or ordinary socialization between two individuals in a business or social context is not a dating relationship. What does “public crime” mean? Any citizen who has personal knowledge of the crime can file a criminal complaint. Where is VAWC committed? Violence against women and their children is committed within the dwelling/abode or any other place outside thereof. What are the forms of VAWC? Violence against women and their children can be described in the following forms; 1) “Physical violence” which refers to acts that include bodily or physical harm; 2) “Sexual violence” which refers to an act which is sexual in nature, committed against a woman or her child. 3) “Psychological violence” which refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim” 4) “Economic abuse” which refers to acts that make or attempt to make a woman financially dependent; How is “sexual violence” committed?  rape;  sexual harassment;  acts of lasciviousness;  treating a woman or her child as a sex object;  making demeaning and sexually suggestive remarks;  physically attacking the sexual parts of the victim’s body;  forcing the woman or her child to watch obscene publications; and  forcing the woman or her child to do indecent acts and/or make films thereof; 7 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)  forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;  causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;  Prostituting the woman or her child; How is “psychological violence” committed? Psychological violence is committed in the following manner;  intimidation;  harassment;  stalking;  damage to property;  public ridicule or humiliation;  repeated verbal abuse;  marital infidelity;  causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim belongs;  causing or allowing the victim to witness pornography in any form;  causing or allowing the victim to witness abusive injury to pets;  unlawful or unwanted deprivation of the right to custody and/or visitation of common children. How is “economic abuse” committed? Economic abuse can be committed in the following manner:  withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 72 of the Family Code;  deprivation or threat of deprivation of financial resources and the rights to the use and enjoyment of the conjugal, community or property owned in common;  destroying household property;  controlling the victim’s own money or properties or solely controlling the conjugal money or properties. What are the penalties imposed for the crime of VAWC? Section 6, RA 9262 provides the following: “Penalties – the crime of Violence Against Women and their Children under Section 5 hereof shall be punished according to the following rules: (a) Acts falling under Section 5 (a) constituting attempted, frustrated or consummated parricide or murder or homicide shall be punished in accordance with the provisions of the Revised Penal code. If these act resulted in mutilation, it shall be punishable in accordance with the Revised Penal code; those constituting serious physical injuries shall have the penalty of prision mayor; those constituting less serious physical injuries shall be punished by prision correccional; and those constituting slight physical injuries shall be punished by arresto mayor. Acts falling under Section 5 (b) shall be punished by imprisonment of two (2) degrees lower than the prescribed penalty for the consummated crime as specified in the preceding paragraph but shall in no case be lower than arresto mayor. What is the prescriptive period for VAWC cases? Acts falling under Section 5 (a) to 5 (f) shall prescribe in twenty (20) years. Acts falling under Sections 5 (g) to 5 (i) shall prescribe in (10) years. What if the woman or her child is pregnant, how is the penalty imposed? If the acts are committed while the woman or her child is pregnant, the penalty to be applied shall be the maximum period of penalty prescribed in Section 6. 8 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) What if the acts are committed in the presence of the woman’s child? If the acts are committed in the presence of the woman’s child, the penalty to be applied shall be the maximum period of penalty prescribed in Section 6. What is the fine imposed on the offender of VAWC? In addition to imprisonment, the perpetrator shall; a) pay a fine in the amount of not less than One Hundred Thousand Pesos (P 100,000.00) but not more than Three Hundred Thousand Pesos (P 300,000.00) b) undergo mandatory psychological counseling or psychiatric treatment and shall report compliance to the court. Where can VAWC be filed? The Regional Trial Court (RTC) designated as Family Court shall have original and exclusive jurisdiction over cases of violence against women and their children under RA 9262. In the absence of court in the place where the offense was committed, the complainant has the option to file the case in the Regional Trial Court where the crime or any of its element was committed. How Is “Protection Order” Defined? A protection order is an order issued under RA 9262 for the purpose of preventing further act of violence against a woman or a child specified in Section 5 of the law and granting other necessary relief. What are the protection orders that may be issued under RA 9262? The following protection orders may be issued accordingly; a) Barangay Protection Order (BPO), issued by the Punong Barangay, or in his or her absence, any available Barangay Kagawad. It is effective within fifteen (15) days. b) Temporary Protection Order (TPO), issued by the court and is effective within thirty(30) days; c) Permanent Protection Order (PPO), issued by the court after notice and hearing. Who may file petition for Protection Orders? A petition for protection order may be filed by any of the following:  victim or offended party;  parents or guardian of the offended party;  ascendants, descendants or collateral relatives within fourth civil degree of consanguinity or affinity;  officers or social workers of the DSWD or social workers of Local Government Units (LGUs);  police officers preferably those in-charge of Women and Children’s Protection Desk (WCPD)  Punong Barangay or Barangay Kagawad;  Lawyer, counselor, therapist or health care provider of the petitioner  At least two (2) concerned responsible citizens of the city or municipality where the violence against women and their children occurred and who have personal knowledge of the offense committed. How to apply for a Protection Order? The application for a protection order must be in writing signed and verified under oath by the victim. A standard application form, written in English with translation to the major local languages, shall contain, among others, the following information:  names and addresses of petitioner and respondent;  description of relationships between petitioner and respondent;  a statement of the circumstances of the abuse; 9 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)  description of the relief requested by petitioner;  request for a counsel and reasons for such;  request for a waiver of application fees until hearing; and  in attestation that there is no pending application for a protection order in another court.  What if the application of the Protection Order is not the victim?  If the applicant is not the victim the application must be accompanied by  an affidavit of the applicant attesting to the circumstances of the abuse suffered by the victim; and the circumstance of consent given by the victim for filing of application. When disclosure of the address of the victim will pose danger to her life, its shall be so stated in the application. What should the Barangay Officials do when the victim or any authorized person applies for a BPO? When the victim or any authorized person applies for BPO, the barangay officials should do the following: a) Take the “salaysay” or statement under oath of the victim/applicant. Be sure the date of commission of the offense, place and a specific circumstances are in the statement; b) Allow a non-lawyer advocate to be with the victim during the proceedings. c) Do not allow the respondent/offender to be present during the ex-parte proceedings. d) Issue the BPO on the same day of application. e) Assist the victim/applicant in applying for a Temporary Protection Order with the court as soon as possible. f) Serve the BPO on the respondent. Can the Barangay Officials mediate or conciliate? No. Conciliation and mediation of acts of violence against women and their children are not allowed under this law. 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 a protection order. Failure to comply shall render the official or judge administratively liable. (Sec 33, RA 9262) Is counseling and treatment of offenders allowed under the law? Yes. The DSWD shall provide rehabilitative counseling and treatment to perpetrators towards learning constructive ways of coping with anger and emotional outburst and reforming their ways. When necessary, the offender shall be ordered by the Court to submit to psychiatric treatment of confinement. Is there a penalty for not enforcing the TPOs and PPOs? Yes. Violation is punishable with a fine ranging from five thousand pesos (P 5,000.00) to Fifty Thousand Pesos (P50,000.00) and/or imprisonment of six (6) months. After the issuance of TPO, what comes next? The court shall schedule a hearing on the issuance of a PPO prior to or on the date of the expiration of the TPO. The TPO shall include notice of the date of the hearing on the merits of issuance of a PPO. What is the Inter-Agency Council of Violence Against Women and Their Children (IAC- VAWC)? The IAC-VAWC is an inter-agency body tasked to formulate programs and projects to eliminate VAW based on their mandates as well as develop capability programs for their employees to become more sensitive to the needs of their clients. The Council will also serve as the monitoring body as regards to VAW initiatives. It shall be composed of the following agencies: a) Department of Social Welfare and Development (DSWD) 10 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) b) National Commission on the Role of Filipino Women (NCRFW) c) Civil Service Commission (CSC) d) Commission on Human Rights (CHR) e) Council for the Welfare of Children (CWC) f) Department of Justice; (DOJ) g) Department of Interior and Local Government (DILG); h) Philippine National Police (PNP); i) Department of Health (DOH); j) Department of Education (DepEd); k) Department of Labor and Employment (DOLE); and l) National Bureau of Investigation (NBI) IV. RA 10364: Expanded Anti-Trafficking in Person Act of 2012 What is RA 10364 or the Expanded Anti – Trafficking in Persons Act of 2012? Trafficking in Persons refers to 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. The Expanded Anti-Trafficking in Persons Act of 2012, or Republic Act 10364 is an act that institutes policies to eliminate trafficking in persons especially women and children. Also, it establishes the necessary mechanisms to protect and support trafficked persons and provides penalties thereof. R.A. 10364 is said to be an expanded and strengthened version of the Anti-Trafficking in Persons Act of 2003 (R.A 9208) and the new law now covers attempted trafficking, as well as accomplice and accessory liabilities. (Idea, 2013) In the new law, the following acts are now considered human trafficking:  recruitment of domestic/overseas employment for sexual exploitation;  forced labor or involuntary debt bondage;  recruitment of Filipino woman to marry a foreigner;  recruitment for sex tourism;  recruitment for organ removal; and  recruitment of a child to engage in armed activities abroad; 11 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) Interrelated and interdependent elements for a situation to be considered trafficking in persons: It involves the It is committed It is done for the recruitment, by use of threat or use obtaining, hiring, purpose of providing, or receipt of force, or other forms exploitation which of persons with or of coercion, abduction, includes at a receipt of persons fraud, deception, abuse minimum, the with or without the of power or of position, exploitation or the victim’s consent or taking advantage of the prostitution of others knowledge, within or vulnerability of the or other forms of across national person, or, the giving borders. sexual exploitation, or receiving of forced labor or payments or benefits to services, slavery, achieve the consent of servitude or the a person having removal or sale of control over another organs. person. What are the acts punishable under the RA 10364? (As identified by Idea, 2013) 1. Acts of Trafficking in Persons  Recruiting, obtaining, hiring, providing, offering, transporting, transferring, maintaining, harboring, or receiving 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, or sexual exploitation;  Recruiting any Filipino woman to marry a foreign national for the purpose of acquiring, buying, offering, selling him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;  Undertaking or organizing tours and travel plans for the purpose of sex tourism;  Maintaining or hiring a person for prostitution or pornography;  Exploiting children in terms of: Recruiting children for use in armed conflict; Child prostitution/pornography; Using, procuring or offering of a child for the production and trafficking of drugs; and Using, procuring or offering of a child for illegal works or activities. Any person found guilty of acts of TIP shall be penalized with imprisonment of 20 years and a fine of not less than 1 million but not more than 2 million pesos. 2. Acts that Promote Trafficking  Leasing/sub-leasing, using or allowing any house, building, or establishment for the purpose of trafficking in persons;  Producing, print and issuing unissued, tampered or fake counselling certificates, registration stickers and certificates of any government agency which issue such certificates, for the purpose of trafficking; 12 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)  Advertising, publishing, printing or broadcasting by any means, including the use of information technology, any propaganda that promotes trafficking in persons;  Facilitating, assisting or helping in the exit and entry of persons from/to the country at international and local airports who have fraudulent travel documents for the purposes of promoting trafficking in persons;  Confiscating, concealing or destroying the passport, travel documents of trafficked persons in furtherance of trafficking to prevent them from leaving the country;  Benefiting from, financial or otherwise, the labor services of a person held to a condition of involuntary servitude, forced labor or slavery; and  Utilizing his or her office to impede the investigation, prosecution or execution of lawful orders in a case under this Act. Any person found guilty of acts of TIP shall be penalized with imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1 million pesos. 3. Use of Trafficked Persons Any person who buys or engages the services of trafficked persons for prostitution shall be penalized. Any person found guilty of acts of TIP shall be penalized with imprisonment ranging from six (6) years to forty (40) years and fine ranging from 50 thousand to 5 million pesos. An addition to imprisonment and fine, an offender who is a foreigner shall be immediately deported and permanently barred from the entering the country after serving jail terms, while an offender who is a public official shall be dismissed from the service and suffer perpetual absolute disqualification to hold public office. 4. Qualified Trafficking The following are an act of qualified trafficking:  When the trafficked person is a child;  When the adoption is for the purpose of prostitution, pornography, sexual exploitation and the like;  When the crime is committed by a syndicate;  When the offender is a spouse, an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person;  When the offender is a member of the military or law enforcement agency; and  When by reason or occasion of the act, the offended party dies, becomes insane, or been afflicted by HIV-AIDS  When the offender commits one or more violations of Section 4 over a period of sixty or more days, continuous or not; and  When the offender directs or through another manages the trafficking victim in carrying out exploitative purpose of trafficking. Qualified trafficking shall be penalized by life imprisonment and a fine of not less than 2 million but not more than 5 million pesos. 5. Attempted Trafficking in Persons Under R.A. 10364, attempted trafficking is any act to initiate the commission of a trafficking offense but the offender failed to or did not execute all the elements of the crime due to accident or by reason of some cause other than voluntary desistance. If the victim is a child, an act be considered attempted trafficking if a person if: 13 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building)  facilitates the travel of a child without clearance from DSWD or a written permit or justification from the child’s parental/legal guardian;  executing, for a consideration, an affidavit of consent or written consent for adoption;  simulating a birth for the purpose of selling the child  recruiting a woman to bear a child; simulating a birth; or soliciting a child and requiring custody through any means from hospital, health centers and the like, all for the purpose of selling the child. Any person found guilty of committing attempted TIP shall be penalized with imprisonment of 15 years and a fine of not less than 500 thousand but not more than 1 million pesos. Child Trafficking in RA 7810 Attempt to Commit Child Trafficking. Any person who shall engage in trading and dealing with children including, but not limited to, the act of buying and selling of a child for money, or for any other consideration, or barter, shall suffer the penalty of reclusion temporal to reclusion perpetua. The penalty shall be imposed in its maximum period when the victim is under twelve (12) years of age. There is an attempt to commit child trafficking under Section 7 of this Act: 1aw phi1 @alf  When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian;  When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or  When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or  When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. Obscene Publications and Indecent Shows.  Any person who shall hire, employ, use, persuade, induce or coerce a child to perform in obscene exhibitions and indecent shows, whether live or in video, or model in obscene publications or pornographic materials or to sell or distribute the said materials shall suffer the penalty of prison mayor in its medium period.  If the child used as a performer, subject or seller/distributor is below twelve (12) years of age, the penalty shall be imposed in its maximum period.  Any ascendant, guardian, or person entrusted in any capacity with the care of a child who shall cause and/or allow such child to be employed or to participate in an obscene play, scene, act, movie or show or in any other acts covered by this section shall suffer the penalty of prison mayor in its medium period. There is an attempt to commit child trafficking of this Act: 1  When a child travels alone to a foreign country without valid reason therefor and without clearance issued by the Department of Social Welfare and Development or written permit or justification from the child's parents or legal guardian;  When a person, agency, establishment or child-caring institution recruits women or couples to bear children for the purpose of child trafficking; or  When a doctor, hospital or clinic official or employee, nurse, midwife, local civil registrar or any other person simulates birth for the purpose of child trafficking; or  When a person engages in the act of finding children among low-income families, hospitals, clinics, nurseries, day-care centers, or other child-during institutions who can be offered for the purpose of child trafficking. 14 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) What are the distinguishing description of an accomplice liability and accessory liability in RA 10364? In RA 10364, one of the new provisions is the liabilities of an accomplice in trafficking. Under this Act, an accomplice is anyone who knowingly aids, abets, cooperates in the execution of the offense, whether by previous or simultaneous acts, and shall be punished in accordance with this law. Whereas, an accessory is any person that has the knowledge of the commission of the crime and without having participated therein, takes part in the commission in any of the following manners:  profiting themselves or assisting the offender to profit by the effects of the crime;  by concealing or destroying the boy of the crime; and  by harboring, concealing or assisting in the escape of the principal of the crime.  An accessory shall be liable to the penalties provided for in this Act. Who may file the case among the offenders according to the law? The following persons may file cases of trafficking in persons:  trafficked person;  the parents, spouse, siblings, children or legal guardian of the trafficked person; and  Anyone who has personal knowledge of the crime. Who may be punished for trafficking in persons according to the law? The following are identities which can be punished in violation of R.A 10364:  Any person, natural or juridical, found guilty of trafficking.  If the offender is a corporation, partnership, association, club, establishment or any juridical persons, the penalty shall be imposed upon the owner, president, partner, manager, and/or any responsible officer who participated in the commissions of the crime, or who knowingly permitted or failed to prevent is commission.  If the offender is a foreigner, he or she shall be immediately deported after serving his/her sentence and barred from entering the country. References: https://pcw.gov.ph/republic-act-7877-anti-sexual-harassment-act-of-1995/ https://www.officialgazette.gov.ph/2013/09/12/republic-act-no-10627/ https://pcw.gov.ph/republic-act-9262-anti-violence-against-women-and-their-children-act-of-2004/ https://www.dilg.gov.ph/PDF_File/reports_resources/dilg-reports-resources- 2017323_e21a5b9c4f.pdf 15 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) III. Learning Activity: Due to the current situation your involvement in the 18-day campaign to end violence against women and children (VAWC) will be celebrated through making poster that will showcase your understanding, appreciation and support to the said campaign. Guidelines for GAD GRC Poster Making:  Each student of GADGRC class may submit a digital art or manual poster in support to the mandated 18-day campaign to end violence against women & their children.  According to UNwomen.org, one in three women worldwide experience physical or sexual violence mostly by an intimate partner. Violence against women and girls is a human rights violation. Before the pandemic 243 million women and girls, aged 15-49 experienced sexual and/or physical violence by an intimate partner in the past year. Since the pandemic, violence against women, especially domestic violence has intensified. Since the outbreak of COVID- 19, emerging data and reports from those on the front lines, have shown that all types of violence against women and girls, particularly domestic violence, has intensified. This is the Shadow Pandemic growing amidst the COVID-19 crisis and we need a global collective effort to stop it. As COVID-19 cases continue to strain health services, essential services, such as domestic violence shelters and helplines, have reached capacity. More needs to be done to prioritize addressing violence against women in COVID-19 response and recovery efforts. (source: https://www.unwomen.org/en/news/in-focus/in-focus-gender-equality-in-covid-19-response/violence- against-women-during-covid-19)  The poster must illustrate, interpret and emphasize the theme: “Fight the Shadow Pandemic of Violence Against Women during COVID-19.”  Incorporate the lessons and learning you had from the concepts of Gender and Development related issues and applicable laws.  In at least 5 sentences discuss the message of your poster that reflects the issues & concerns in consideration with the GAD applicable laws.  The poster will be graded according to these criteria: Originality 30% Creativity 20% Relevance to the theme 50% 100%  You can make a digital art poster (long sized bond paper, by the use of any photo/graphics editing software) or regular illustration board for manual poster (1/4 size, by the use of your preferred coloring materials).  You may submit it thru our FB group chat for digital art poster on or before Midterm Examination Schedule if you do not have access on the internet. 16 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) IV. Assessment Unit Test Name: _____________________________ Instructor’s Name: ______________________ Course/Year/Section__________________ Total Score:_____/ Date:__________ I. Modified True or False: Read each scenario carefully. If the statement is correct, write TRUE. If otherwise, discuss and support your argument with legal provisions to correct such wrongful act. (5 points for each number) __________1. A 45-year old female teacher may claim sexual harassment against a 20-year old male student in her class. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________2. An employee was subject to sexual advances from her employer during their company’s Christmas Party held outside of the company’s premises. Such acts may still be considered work-related sexual harassment. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ __________3. Friendly flirting is not sexual harassment when it is practiced between mutually consenting individuals who are equal in power or authority. ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ 17 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) II. Identification. Write the letter of your answer to the space provided. (10 points) __________1. Violence against women and their children” (VAWC) is any act or a series of acts committed against the victim which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of such acts, battery, assault, coercion, harassment or arbitrary deprivation of liberty. a. True b. False c. Maybe d. not applicable __________ 2. The following are the woman victim protected under this law except: a. Wife b. Former wife c. A woman with whom the offender has d. none of the above or had a sexual or dating relationship __________3. The following can be held liable for violation of RA 9262 except: a. husband b. former husband c. boyfriend d. none of the above __________ 4. “Children” means the abused woman’s children, boy or girl alike, below 18 years old, whether legitimate or illegitimate; or other children who live with the woman or are under her care. a. True b. False c. Maybe d. not applicable __________ 5. Can a woman be held liable for committing violation of RA 9262? a. Yes b. No c. Maybe d. not at all III. Multiple choice. Read the following questions below and choose the correct/best answer. Write your answers on the space provided before each number. _____1. Which of the following terms was used in RA 9208 and RA 10364 to describe trafficking in persons? A. Recruitment C. Receipt of persons B. Transportation and D. All of these Harboring _____ 2. Which of the following is not an element of human trafficking? A. The act of luring the C. The payment for the agreed person with deception transaction B. The means for which D. The purpose for which the act was the transaction was done done _____ 3. Which of the following terms refer to an ascendant, parent, sibling, guardian or a person who exercises authority over the trafficked person or when the offense is committed by a public officer or employee? A. Offender C. Victim B. Syndicate D. Violator _____ 4. Which is not an act of trafficking in persons as signified in RA 10364? A. To facilitate for the donation of body organs B. To match for economic consideration of any Filipino woman to a foreign national for marriage for the purpose of engaging in prostitution 18 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) C. To organize tours and travel plans consisting of tourism packages for the purpose of utilizing and offering persons for sexual exploitation D. To recruit receive a person by employment for the purpose of pornography _____ 5. Which is considered as qualified for trafficking as specified in the republic act? A. a child recruited for forced labor B. a group of three or more persons conspiring or confederating with one another C. a public officer or employee employing underage individual D. a teenager which is offered to work as household helper _____ 6. Who can file a case of human trafficking for an offender? A. The victim or trafficked individual B. The parents C. The person who has personal knowledge of the illegal act D. All of the above _____ 7. Which of the following acts does not promote or facilitate trafficking in persons? A. Adopting a child from an orphanage B. Purposely lease or sublease, use or allow to be used any house, building or establishment for the purpose of withholding person against their will C. Tampering or fake certificates of any government agency for the purpose of trafficking persons D. Withholding documents to force individuals of involuntary servitude _____ 8. Can an individual who facilitated or assisted in the exit and entry of persons from/to the country who tampered fraudulent travel documents for the purpose of trafficking individuals be charged with a case of human trafficking? A. No, because they’re not directly participated or in contact with the victim B. No, they can’t be C. Yes, definitely D. Yes, depending on the age of the victim _____ 9. Can a trafficked person/s be penalized for the unlawful acts committed? A. No, because they’re not specified in the RA 10364 B. No, they can’t be because they are the victims C. Yes, because they are part of the whole act D. Yes, depending on the age of the victim _____10. Can a person/individual who is found participating in pornographic internet materials be filed a case of human trafficking? A. Yes, because they are participant and consumer B. No, because its only virtual C. Maybe, depending on the age of the child D. No, because they don’t have direct physical contact with the child 19 | P a g e Gender and Development and Green Culture (GAD GRC)  Carlos Hilado Memorial State College Alijis Campus | Binalbagan Campus | Fortune Towne Campus | Talisay Campus To be a leading GREEN institution of higher learning in the global community by 2030 (Good governance, Research-oriented, Extension-driven, Education for Sustainable Development & Nation-building) V. Assignment Name: _____________________________ Instructor’s Name: ______________________ Course/Year/Section__________________ Total Score:____/20 Date:______________ Instruction: Write your discussion on the salient features of the following GAD applicable laws. (20 points) Refer to the Rubric for the rating: CRITERIA: 2- observed; 0 – not observed 1. The explanation is brief but understandable; thus, it contains at least 5 sentences. 2. The expanation provides relevant examples from the texts studied in the lesson. 3.The explanation contains ideas that are clearly connected and make sense. 4.The explanation is easy to read and is organized. 5.The expalanation contains deep understanding and original ideas of the student. Basic Information GAD Applicable Laws Your own thoughts/reflections to Remember Anti-Sexual Harassment Act RA 7877 Anti-Bullying RA 101627 & Cyber Crime Prevention Act RA 10175 Anti-Violence Against Women and Their Children RA 9262 Anti-Trafficking in Persons Act of 2003 (RA 9208) 20 | P a g e Gender and Development and Green Culture (GAD GRC)