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Country Profile: Philippines
Note:
The profile below is mainly sourced from the 'Violence, Exploitation, and Abuse and
Discrimination in Migration Affecting Women and Children in ASEAN: A Baseline Study,
Human Rights Center, Jakarta, Indonesia (2012)'
We are aware that there are inaccuracies and some of the information need to be
updated. Please use track changes when you edit the profile. Thank you.
Population
Male: 47,263,600
Female: 46,749,600
Both sexes: 94,013,200 (2010 projections)
Religion
Roman Catholic (81.044%), Islam (5.06%), Evangelicals
(2.8203%), Iglesia ni Cristo (2.3094%), Aglipayan (1.9764%),
Seventh Day Adventist (0.7986%), United Church of Christ in
the Philippines (0.5459%), Jehova’s Witness (0.4979%),
Others (4.9475%) (2000 census)
Ethnic group
Tagalog (28.15%), Cebuano (13.14%), Hiligaynon/Ilocano
(9.07%), Bisaya (7.57%), Ilongo (7.56%), Bicol (6%), Waray
(3.36%), Others (25.3%) (2000 census)
Net enrolment ratio in
secondary schools
Both sexes: 62.38% (as of school year 2009-2010)
Labour force
participation rate
Male: 79.3%
Female: 50.2%
Both sexes: 64.7% (as of April 2012)
Unemployment rate
Male: 7.0%
Female: 6.7%
Both sexes: 6.9% (as of April 2012)
Maternal Mortality
97.0 deaths/1,000 live births (as of 2008)
Infant Mortality
Male: 13.8 deaths/1,000 live births
Female: 10.9 deaths/1,000 live births
Both sexes: 12.4 deaths/1,000 live births (as of 2009)
Legal definition of ‘child’
For the Purpose of the law against child abuse, exploitation
and discrimination:
 Republic Act No. 2610: “Children” refers to persons below
eighteen (18) years of age or those over but are unable to
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fully take care of themselves or protect themselves from
abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition.
For purposes of the law against violence on women and
children:
 Republic Act No 9262: “Children” refers to those below
eighteen (18) years of age or older but are incapable of
taking care of themselves as defined under Republic Act
No. 7610 (see above). As used in this Act, it includes the
biological children of the victim and other children under
her care.
For purposes of the law against trafficking in persons:
 Republic Act 9208 or Anti-Trafficking in Person Act, 2003,
Section 3(b): “Child” refers to a person below eighteen
(18) years of age or one who is over eighteen (18) but is
unable to fully take care of or protect himself/herself
from abuse, neglect, cruelty, exploitation, or
discrimination because of a physical or mental disability
or condition.
For purposes of the law on domestic adoption and aspects of
criminal law other than the law penalizing child abuse as
cited above:
 Republic Act 8552 (or Domestic Adoption Act, 1998),
Section 3(a) and Republic Act 9344 or Juvenile justice and
Welfare Act, 2006, Section 4(e): “Child” refers to a person
below or under the age of eighteen (18) years.
For purposes of the law on inter-country adoption:
 Republic Act No. 8043 or Inter-Country Adoption Act,
1995, Article I, Section 3(b): “Child” means a person
below fifteen (15) years of age unless sooner
emancipated by law.
Age of majority
Unless otherwise provided (by law), majority commences at
the age of eighteen years.2
Marriageable age
18 years old
Contracting marriage shall require parental consent until the
age of twenty-one (Executive Order No. 209 or the Family
Code of the Philippines, 1989, as amended, Article 236)
Age of consent
Twelve (12) years of age.
Children (see above for legal definition), whether male or
female, who for money, profit, or any other consideration or
due to the coercion or influence of any adult, syndicate or
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group, indulge in sexual intercourse or lascivious conduct, are
deemed to be children exploited in prostitution and other
sexual abuse. (Republic Act No. 7610 or the Special
Protection of Children Against Abuse, Exploitation and
Discrimination Act, 1992, Section 5)
Age of criminal
responsibility
Above fifteen (15) years of age.
However, “[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.
The exemption from criminal liability herein established
does not include exemption from civil liability, which shall be
enforced in accordance with existing laws.”31
Minimum age of
employment
Fifteen (15) years of age.
However, a child below fifteen (15) years of age may be
employed:
1) When a child works directly under the sole responsibility
of his/her parents or legal guardian and where only members
of his/her family are employed: Provided, however, That
his/her employment neither endangers his/her life, safety,
health, and morals, nor impairs his/her normal development:
Provided, further, That the parent or legal guardian shall
provide the said child with the prescribed primary and/ or
secondary education; or
2) Where a child’s employment or participation in public
entertainment or information through cinema, theatre, radio,
television or other forms of media is essential: Provided, That
the employment contract is concluded by the child’s parents
or legal guardian, with the express agreement of the child
concerned, if possible, and the approval of the Department
of Labor and Employment:
Provided, further, That the following requirements in all
instances are strictly complied with:(a) The employer shall
ensure the protection, health, safety, morals and normal
development of the child; (b) The employer shall institute
measures to prevent the child’s exploitation or discrimination
taking into account the system and level of remuneration,
and the duration and arrangement of working time; and(c)
The employer shall formulate and implement, subject to the
approval and supervision of competent authorities, a
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continuing program for training and skills acquisition of the
child. In the above-exceptional cases where any such child
may be employed, the employer shall first secure, before
engaging such child, a work permit from the Department of
Labor and Employment which shall ensure observance of the
above requirements. For purposes of this Article, the term
‘child’ shall apply to all persons under eighteen (18) years of
age.
Minimum age for
military recruitment and
participation
Eighteen (18) years of age, “except for training purposes
whose duration shall have the students/cadets/ trainees
attain the majority age at the completion
date.”33
However, the 1987 Constitution of the Philippines
provides that: “The Government may call upon the people to
defend the State, and in the fulfilment thereof, all citizens
may be required, under conditions provided by law, to render
personal, military or civil service.”
Definition of Domestic
Violence
Section 3 (a) of the Violence Against Women and Their
Children Act of 2004 (Republic Act 9262) states as follows:
“Violence against women and their children” refers to any act
or a series of acts committed by any person against a woman
who is his wife, former wife, or against a woman with whom
the person has or had a sexual or dating relationship, or with
whom he has a common child, or against her child whether
legitimate or illegitimate, within or without the family abode,
which result in or is likely to result in physical, sexual,
psychological harm or suffering, or economic abuse including
threats of such acts, battery, assault, coercion, harassment or
arbitrary deprivation of liberty.
Rape: How committed
Revised Penal Code Art 266-A: rape is committed when and
how:
By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
 through force, threat or intimidation;
 when the offended party is deprived of reason or is
otherwise unconscious;
 by means of fraudulent machination or grave abuse of
authority;
 when the offended party is under 12 years of age or is
demented even though none of the circumstances
mentioned above be present.
By any person, who under any of the circumstances
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mentioned in paragraph 1 hereof shall commit an act of
sexual assault by inserting his penis into another person’s
mouth or anal orifice or any instrument or object into the
genital or anal orifice of another person.
Legislation on “Sexual
Harassment”
The Anti-Sexual Harassment Act of 1995 (Republic Act 7877)
states as follows:
Work, education or training related sexual harassment is
committed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach,
train or or any other person who having authority, influence
or oral ascendancy over another in a work, training or
education environment, demands, requests or otherwise
requires any sexual favour from the other, regardless of
whether the demand request or requirement for submission
is accepted by the object of the said Act.
National Mutual Legal
Assistance Laws
No national mutual legal assistance law, however some
mutual legal assistance provisions in the Anti-Money
Laundering Act 2001.
Bilateral Mutual Legal
Assistance Arrangement
Australia, Hong Kong, China, Switzerland, USA
Laws related to VAW and VAC
Laws
Related Provisions
It is a comprehensive women's human rights law that seeks
Magna Carta of Women to eliminate discrimination through the recognition,
protection, fulfillment, and promotion of the rights of
(RA 9710)
Filipino women, especially those belonging to the
marginalized sectors of society, as the following:
SEC. 31. Services and Interventions. – Women in Especially
Difficult Circumstances (WEDC) shall be provided with
services and interventions as necessary such as, but not
limited to, the following:
a) Temporary and protective custody;
b) Medical and dental services;
c) Psychological evaluation;
d) Counseling;
e) Psychiatric evaluation;
f) Legal services;
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g) Productivity skills capability building;
h) Livelihood assistance;
i) Job placement;
j) Financial assistance; and
k) Transportation assistance.
SEC. 32. Protection of Girl-Children. –
a) The State shall pursue measures to eliminate all forms of
discrimination against girl-children in education, health
and nutrition, and skills development.
b) Girl-children shall be protected from all forms of abuse
and exploitation.
c) Equal access of Moro and indigenous girl-children in the
Madaris, schools of living culture and traditions, and the
regular schools shall be ensured.
d) Gender-sensitive curriculum, including legal literacy,
books, and curriculum in the Madaris and schools of
living culture and traditions shall be developed.
e) Sensitivity of regular schools to particular Moro and
indigenous practices, such as fasting in the month of
Ramadan, choice of clothing (including the wearing of
hijab), and availability of halal food shall be ensured.)
Anti-VAWC
9262)
Act
(RA It mandates the creation of the Inter-Agency Council on
Violence Against Women and their Children (IACVAWC).
SEC. 35. Rights of Victims. - In addition to their rights under
existing laws, victims of violence against women and their
children shall have the following rights:
a) To be treated with respect and dignity;
b) To avail of legal assistance from the PAO of the
Department of Justice (DOJ) or any public legal
assistance office;
c) To be entitled to support services from the DSWD and
LGUs;
d) To be entitled to all legal remedies and support as
provided for under the Family Code; and
e) To be informed of their rights and the services available
to them including their right to apply for a protection
order.
SEC. 36. Damages. - Any victim of violence under this
Actshall be entitled to actual, compensatory, moral and
exemplary damages.
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SEC. 37. Hold Departure Order. - The court shall expedite
the process of issuance of a hold departure order in cases
prosecuted under this Act.
SEC. 38. Exemption from Payment of Docket Fee and Other
Expenses. - If the victim is an indigent or there is an
immediate necessity due to imminent danger or threat of
danger to act on an application for a protection order, the
court shall accept the application without payment of the
filing fee and other fees and of transcript of stenographic
notes.
SEC. 39. Inter-Agency Council on Violence Against Women
and Their Children (IAC-VAWC). - In pursuance of the
abovementioned policy, there is hereby established an
Inter-Agency Council on Violence Against Women and their
Children, hereinafter known as the Council, which shall be
composed of the following agencies:
a) Department of Social Welfare and Development
(DSWD);
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 the 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).
These agencies are 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
The Council members may designate their duly authorized
representative who shall have a rank not lower that an
assistant secretary or its equivalent. These representatives
shall attend Council meetings in their behalf, and shall
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receive emoluments as may be determined by the Council in
accordance with existing budget and accounting rules and
regulations.
SEC. 40. Mandatory Programs and Services for Victims. -The
DSWD, and LGUs shall provide the victims temporary
shelters, provide counselling, psycho-social services and/or,
recovery, rehabilitation programs and livelihood assistance.
The DOH shall provide medical assistance to victims.
SEC. 41. Counselling and Treatment of Offenders. – The
DSWD shall provide rehabilitative counselling and treatment
to perpetrators towards learning constructive ways of
coping with anger and emotional outbursts and reforming
their ways. When necessary, the offender shall be ordered
by the Court to submit to psychiatric treatment or
confinement.
SEC. 42. Training of Persons Involved in Responding to
Violence Against Women and their Children Cases. - All
agencies involved in responding to violence against women
and their children cases shall be required to undergo
education and training to acquaint them with:
a) The nature, extent and causes of violence against
women and their children;
b) The legal rights of, and remedies available to, victims
of violence against women and their children;
c) The services and facilities available to victims or
survivors;
d) The legal duties imposed on police officers to make
arrest and to offer protection and assistance; and
e) Techniques for handling incidents of violence against
women and their children that minimize the likelihood
of injury to the officer and promote the safety of the
victim or survivor.
The PNP, in coordination with LGUs, shall establish an
education and training program for police officers and
barangay officials to enable them to properly handle cases
of violence against women and their children.
SEC. 43. Entitlement to Leave. - Victims under this Act shall
be entitled to take a paid leave of absence up to ten (10)
days in addition to other paid leaves under the Labor Code
and Civil Service Rules and Regulations, extendible when the
necessity arises as specified in the protection order.
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Any employer who shall prejudice the right of the person
under this section shall be penalized in accordance with the
provisions of the Labor Code and Civil Service Rules and
Regulations. Likewise, an employer who shall prejudice any
person for assisting a co-employee who is a victim under
this Act shall likewise be liable for discrimination.
SEC. 44. Confidentiality. - All records pertaining to cases of
violence against women and their children including those
in the barangay shall be confidential and all public officers
and employees and public or private clinics or hospitals shall
respect the right to privacy of the victim. Whoever publishes
or causes to be published, in any format, the name, address,
telephone number, school, business address, employer, or
other identifying information of a victim or an immediate
family member, without the latter’s consent, shall be liable
to the contempt power of the court.
Any person who violates this provision shall suffer the
penalty of one (1) year imprisonment and a fine of not more
than Five Hundred Thousand Pesos (P500,000.00).
SEC. 45. Funding. - The amount necessary to implement the
provisions of this Act shall be included in the annual General
Appropriations Act (GAA).
The Gender and Development (GAD) Budget of the
mandated agencies and LGUs shall be used to implement
services for victim of violence against women and their
children.
SEC. 46. Implementing Rules and Regulations. – Within six
(6) months from the approval of this Act, the DOJ, the
NCRFW, the DSWD, the DILG, the DOH, and the PNP, and
three (3) representatives from NGOs to be identified by the
NCRFW, shall promulgate the Implementing Rules and
Regulations (IRR) of this Act.
Rape Victim Assistance The Rape Victim Assistance and Protection Act of 1998
and Protection Act (RA establishes rape crisis centers in every province and
8505)
municipality to provide counseling, free legal assistance, and
ensure the privacy and safety of rape survivors. It also tasks
the government to train law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers,
and barangay officials on human rights and responsibilities,
gender sensitivity and the legal management of rape cases.
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