Article 46Labor and Agrarian Laws and Social Legislation, p. 46

LABOR LAWS AND SOCIAL LEGISLATION SPECIAL LAWS AND IMPLEMENTING RULES AND REGULATIONS

database

containing

gender

statistics

and

sexdisaggregated data that have been systematically

gathered, regularly updated; and subjected to; gender

analysis

for

planning,

programming,

and

policy

formulation.

Section 37. Gender Focal Point Officer in Philippine

Embassies and Consulates . - An officer duly trained on

GAD shall be designated as the gender focal point in the

consular section of Philippine embassies or consulates.

Said officer shall be primarily responsible in handling

gender concerns of women migrant workers. Attached

agencies shall cooperate in strengthening the Philippine

foreign posts' programs for the delivery of services to

women migrant workers.

Section

38.

National

Commission

on

the

Role of

Filipino Women (NCRFW) . - The National Commission on

the Role of Filipino Women (NCRFW) shall be renamed as

the

Philippine

Commission

on

Women

(PCW),

the

primary

policymaking and coordinating body of the

women and gender equality concerns under the Office of

the President. The PCW shall be the overall monitoring

body and oversight to ensure the implementation of this

Act. In doing so, the PCW may direct any government

agency and instrumentality, as may be necessary, to

report on the implementation of this Act and for them to

immediately respond to the problems brought to their

attention in relation to this Act. The PCW shall also lead in

ensuring that government agencies are capacitated on

the effective implementation of this Act. The chairperson

shall likewise report to the President in Cabinet meetings

on the implementation of this Act.

To the extent possible, the PCW shall influence the

systems, processes, and procedures of the executive,

legislative, and judicial branches of government vis-a-vis

GAD to ensure the implementation of this Act.

To effectively and efficiently undertake and accomplish

its functions, the PCW shall revise its structure and

staffing pattern with the assistance of the Department of

Budget and Management.

Section 39. Commission on Human Rights (CHR) . - The

Commission, acting as the Gender and Development

Ombud, consistent with its mandate, shall undertake

measures such as the following:

(a) Monitor with the PCW and other state agencies,

among others, in developing indicators and guidelines to

comply with their duties related to the human rights of

women,

including

their

right

to

nondiscrimination

guaranteed under this Act;

(b) Designate one (1) commissioner and/or its Women's

Human Rights Center to be primarily responsible for

formulating and implementing programs and activities

related to the promotion and protection of the human

rights

of

women,

including

the

investigations

and

complaints of discrimination and violations of their rights

brought under this Act and related laws and regulations;

(c) Establish guidelines and mechanisms, among others,

that will facilitate access of women to legal remedies

under

this

Act

and

related

laws, and enhance the

protection

and

promotion

of

the

rights

of women,

especially marginalized women;

(d)

Assist

in

the

filing

of cases against individuals,

agencies, institutions, or establishments that violate the

provisions of this Act; and

(e) Recommend to the President of the Philippines or the

Civil

Service Commission any possible administrative

action based on noncompliance or failure to implement

the provisions of this Act.

Section 40. Monitoring Progress and Implementation

and Impact of this Act . - The PCW, in coordination with

other

state

agencies and the CHR, shall submit to

Congress

regular

reports

on

the

progress

of

the

implementation

of

this Act highlighting the impact

thereof on the status and human rights of women:

Provided,

That

the

second

report

shall

include

an

assessment

of

the

effectiveness

of

this

Act

and

recommend

amendments

to

improve

its

provisions:

Provided, finally, That these reports shall be submitted to

Congress every three (3) years or as determined in the

implementing rules and regulations.

Section 41. Penalties . - Upon finding of the CHR that a

department, agency, or instrumentality of government,

government-owned and -controlled corporation, or local

government unit has violated any provision of this Act

and its implementing rules and regulations, the sanctions

under

administrative

law,

civil

service,

or

other

appropriate laws shall be recommended to the Civil

Service

Commission

and/or

the

Department

of

the

Interior

and

Local

Government.

The

person

directly

responsible for the violation as well as the head of the

agency or local chief executive shall be held liable under

this Act.

If the violation is committed by a private entity or

individual, the person directly responsible for the violation

shall be liable to pay damages.

Filing a complaint under this Act shall not preclude the

offended party from pursuing other remedies available

under the law and to invoke any of the provisions of

existing

laws

especially

those recently enacted laws

protecting women and children, including the Women in

Development and Nation Building Act (Republic Act No.

7192), the Special Protection of Children Against Child

Abuse, Exploitation and Discrimination Act (Republic Act

No.

7610),

the

Anti-Sexual

Harassment

Act

of

1995

(Republic Act No. 7877), the Anti-Rape Law of 1997

(Republic Act No. 8353), the Rape Victim Assistance and

Protection Act of 1998 (Republic Act No. 8505), the

Anti-Trafficking in Persons Act of 2003 (Republic Act No.

9208) and the Anti- Violence Against Women and Their

Children Act of 2004 (Republic Act No. 9262). If violence

has been proven to be perpetrated by agents of the State

including,

but

not

limited

to,

extrajudicial

killings,

enforced

disappearances,

torture,

and

internal

displacements, such shall be considered aggravating

offenses with corresponding penalties depending on the

severity of the offenses.

Section 42. Incentives and Awards . - There shall be

established an incentives and awards system which shall

be

administered

by

a

board under such rules and

regulations as may be promulgated by the PCW to

deserving

entities,

government

agencies,

and

local

government units for their outstanding performance in

upholding

the

rights

of

women

and

effective

implementation of gender-responsive programs.

Section 43. Funding . - The initial funding requirements

for the implementation of this Act shall be charged

against

the

current

appropriations

of

the

agencies

concerned. Thereafter, such sums as may be necessary

for the implementation of this Act shall be included in the

agencies'

yearly

budgets

under

the

General

Appropriations Act.

The

State

shall

prioritize

allocation

of

all

available

resources to effectively fulfill its obligations specified

under this Act. The State agencies' GAD budgets, which

shall be at least five percent (5%) of their total budgetary

allocation, shall also be utilized for the programs and

activities to implement this Act.

Section 44. Implementing Rules and Regulations . - As

the lead agency, the PCW shall, in coordination with the

Commission

on

Human

Rights

and

all

concerned

government departments and agencies including, as

observers,

both

Houses

of

Congress

through

the

Committee

on

Youth,

Women and Family Relations

(Senate) and the Committee on Women and Gender

Equality

(House

of

Representatives)

and

with

the

participation

of representatives from nongovernment

organizations (NGOs) and civil society groups with proven

track record of involvement and promotion of the rights

and welfare of Filipino women and girls identified by the

PCW, formulate the implementing rules and regulations

(IRR) of this Act within one hundred eighty (180) days

after its effectivity.

© Compiled By RGL

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