According to the 2024 World Economic Forum (WEF), the Philippines is the most gender-equal country in Asia with a gender parity score of 77.9% (0.779 out of 1) and ranking 25th out of 146 countries. Along with New Zealand, it is the only country from East Asia and the Pacific to have made the global top 10 due to its sustained efforts in adopting and enacting legal frameworks that aim to safeguard and empower women’s rights in Philippine society.
One such legal framework, the holy grail of women’s rights law in the Philippines, is Republic Act 9710, better known as the Magna Carta of Women (MCW). Former President Gloria Macapagal Arroyo signed it into law on August 14, 2009.
What is the Magna Carta of Women (MCW)?
Entitled the “Magna Carta of Women” and not “Magna Carta for Women” to highlight women’s participation and ownership of the bill, the MCW is the Philippines’ affirmation of the protection and empowerment of women in the country who continue to be marginalized and discriminated against in our society.
Its Declaration of Policy (Sec. 2) states that “the State affirms the role of women in nation building and ensures the substantive equality of women and men. It shall promote empowerment of women and pursue equal opportunities for women and men and ensure equal access to resources and to development results and outcome,” and that “the State realizes that equality of men and women entails the abolition of the unequal structures and practices that perpetuate discrimination and inequality.”
The MCW upholds the provisions of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and other international instruments consistent with Philippine law in condemning and eliminating discrimination against women and underscoring women’s rights as human rights.
What is discrimination against women?
Sec. 4, Chapter II defines ‘discrimination against women’ as:
(1) any gender-based distinction, exclusion, or restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field;
(2) any act or omission, including by law, policy, administrative measure, or practice, that directly or indirectly excludes or restricts women in the recognition and promotion of their rights and their access to and enjoyment of opportunities, benefits, or privileges;
(3) a measure or practice of general application that fails to provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of women, as a result of which women are denied or restricted in the recognition and protection of their rights and their access to and enjoyment of opportunities, benefits, or privileges; or women, more than men are shown to have suffered the greater adverse effects of those measures or practices; and
(4) discrimination compounded by or intersecting with other grounds, status, or condition, such as ethnicity, age, poverty, or religion.
MCW safeguards women from discrimination by having the State fulfill its duties through law, policy, regulatory instruments, administrative guidelines, and other appropriate measures, including temporary special measures.
What are the women’s rights under MCW?
Under Chapter IV, the following are the rights of women to be enjoyed without discrimination:
- Protection and security from all forms of violence and sexual exploitation, armed conflict and militarization, disasters, calamities, and other crises.
- Increase in the recruitment and training of women in government services that cater to women victims of gender-related offenses, as well as the establishment of a Violence Against Women Desk in every barangay to address violence against women.
- Participation and representation in all realms of society, particularly in the third-level civil service, development councils, planning bodies, political parties, and international bodies, including the private sector.
- Equal treatment before the law.
- Equal access and elimination of discrimination in education, scholarships, and training by ensuring that gender stereotypes and images in educational materials and curricula are adequately and appropriately revised, and gender-sensitive language is observed. Women are also encouraged to enroll in nontraditional skills training at vocational and tertiary levels, meanwhile, expulsion and non-readmission of faculty or students due to pregnancy out of marriage is outlawed.
- Equal participation for women and girls in both competitive and non-competitive sports for the promotion of well-being and development, and the elimination of gender stereotyping.
- Non-discrimination in employment in the military, police, and other similar services.
- Non-discriminatory and non-derogatory portrayal of women in media and film to raise the general public’s consciousness and help recognize the dignity of women and the role and contribution of women in the family, community, and society through the strategic use of mass media.
- Comprehensive laws, services, and programs for all stages of women’s life cycle, access to maternal care, breastfeeding, and family planning, as well as dissemination of comprehensive health information and education.
- Availment of special leave benefits for women which mandates that a woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefit of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
- Equal rights in all matters relating to marriage and family relations such as:
- entering into and leaving marriages or common law relationships referred to under the Family Code without prejudice to personal or religious beliefs;
- freely choosing a spouse and entering into marriage only with their free and full consent, with the betrothal and the marriage of a child having no legal effect;
- the joint decision on the number and spacing of their children and to have access to the information, education, and means to enable them to exercise these rights;
- the same personal rights between spouses or common law spouses, including the right to choose freely a profession and an occupation;
- the same rights for both spouses or common law spouses in respect of the ownership, acquisition, management, administration, enjoyment, and disposition of property;
- the same rights to properties and resources, whether titled or not, and inheritance, whether formal or customary; and
- in acquiring, changing, or retaining their nationality.
What are the rights of women in marginalized sectors?
Meanwhile, Chapter V outlines the rights of women in marginalized sectors.
The MCW defines ‘marginalization’ as “a condition where a whole category of people is excluded from useful and meaningful participation in political, economic, social, and cultural life,” and consequently, the ‘marginalized’ as “the basic, disadvantaged, or vulnerable persons or groups who are mostly living in poverty and have little or no access to land and other resources, basic social and economic services such as health care, education, water and sanitation, employment and livelihood opportunities, housing, social security, physical infrastructure, and the justice system” such as:
- Small farmers, rural workers, and fisherfolk
- Urban poor
- Workers in the formal economy and informal economy
- Migrant workers
- Indigenous Peoples and Moro (native peoples who historically inhabited Mindanao, Palawan, and Sulu, and who are largely of the Islamic faith)
- Children, senior citizens, persons with disabilities, and solo parents
Women in these sectors are guaranteed all civil, political, social, and economic rights recognized, promoted, and protected under existing laws including, but not limited to, the Indigenous Peoples Rights Act, the Urban Development and Housing Act, the Comprehensive Agrarian Reform Law, the Fisheries Code, the Labor Code, the Migrant Workers Act, the Solo Parents Welfare Act, and the Social Reform and Poverty Alleviation Act.
According to the Philippine Commission on Women (PCW), under the MCW women in marginalized sectors are entitled to:
- Food security and resources for food production, ensuring the satisfaction of dietary needs of the individuals, and including equal rights in the titling of the land and issuance of stewardship contracts and patents;
- Localized, accessible, secure, and affordable housing;
- Employment, livelihood, credit, capital, and technology;
- Skills training, scholarships, especially in research and development aimed towards women-friendly farm technology;
- Representation and participation in policy-making or decision-making bodies at the regional, national, and international levels;
- Access to information regarding policies on women, including programs, projects, and funding outlays that affect them;
- Social protection;
- Recognition and preservation of cultural identity and integrity provided that these cultural systems and practices are not discriminatory to women;
- Inclusion in discussions on peace and development;
- Services and interventions for women in especially difficult circumstances (WEDC);
- Protection of girl-children against all forms of discrimination in education, health and nutrition, and skills development; and
- Protection of women senior citizens.
Implementation of MCW
Because the law is the Philippines’ commitment to the rights of our women, the Government, its agencies, and other government-owned and controlled bodies, as well as private sectors and individuals shall not only contribute but also adhere to the recognition, respect, and promotion of women’s rights and abide by the rule of law.
At the core of this law is the PCW, formerly called the National Commission on the Role of Filipino Women, which is tasked with the overall monitoring and supervision of the MCW’s implementation. It is the primary policy-making and coordinating body for women and gender equality concerns in the Philippines. (Sec. 36 & 38)
In consonance with the MCW and the PCW, the Commission on Human Rights (CHR) is the Gender and Development Ombud that ensures the promotion and protection of women’s human rights. (Sec. 39)
The Commission on Audit (COA) is tasked to conduct an annual audit on the use of the Gender and Development (GAD) budget to determine its judicious use and the efficiency, and effectiveness of interventions in addressing gender issues toward the realization of the objectives of the country’s commitments, plans, and policies on women empowerment, gender equality, and GAD. (Sec. 36(a))
Violation of MCW
No one is above MCW and anyone who violates it shall be held liable under its mandate and provisions.
According to the PCW, the Commission on Human Rights shall recommend sanctions under administrative law, civil service, or other appropriate laws to the Civil Service Commission (CSC) and the Department of the Interior and Local Government (DILG).
For instance, in the case of the House Of Representatives Electoral Tribunal (HRET) vs. Daisy B. Panga Vega (G.R. No. 228236), Panga-Vega requested a special leave under the MCW to undergo a hysterectomy, specifying a period not exceeding two months starting February 7, 2011. She underwent the operation, and by March 2011, only one month after the procedure, she informed the HRET of her intention to resume her duties and presented two medical certificates dated March 5 and March 9, duly signed by her doctor.
The HRET not only directed her to complete the two-month special leave, citing her need for prolonged rest, but also denied her when she sought reconsideration, this time doubting her condition due to the “conflicting” med-certs.
Panga-Vega appealed to the CSC, which ruled in her favor. The CSC stated that she only needed to present a medical certificate attesting to her fitness to return to work and was not required to exhaust the full leave period.
Similarly, the Supreme Court denied HRET’s petition for review and affirmed CSC’s ruling. The Court applied the rules on maternity leave suppletorily to the special leave benefit under MCW, entitling her to both the commuted money value of the unexpired portion of the special leave and her salary for actual services rendered from the day she resumed work.
Clearly, whether it is the State, government agencies or offices, government-owned and -controlled corporations and LGUs, their officials, private entities and individuals, violators shall be sanctioned, punished, or penalized under the appropriate laws and their recommendations as any other crime or offense.
This year marks the 16th anniversary of MCW, which was signed into law by the second and last woman President of the Philippines in the last 50 years. Though gaps remain, as reported by the WEF, since the passage of the Magna Carta, together with the precedent and subsequent laws, the playing field has been leveled for women. MCW continues to be a platform where the systemic barriers and discrimination are highlighted, waiting to be addressed one step at a time.
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AUTHORS: Patricia Mae L. Minimo and Atty. Gieverly Banzuela
ABOUT THE AUTHOR:
Atty. Gieverly U. Banzuela started her professional journey in Adamson University, where she attained her Bachelor’s Degree in Communication. She then obtained her Juris Doctor Degree from New Era University. Her diverse experience in both government and private practice has shaped her into a diligent and reliable professional. Her expertise in labor law, combined with her strong legal research and communication skills, has been instrumental in her success. With a background in government service, experience in legal and administrative roles, and extensive legal education serves her well as she continues her journey in the field of litigation.