WOMENS CODE OF THE PHILIPPINES

Chapter I
General Provisions

Section 1. This code shall be known as the Womens Code

Section 2. Declaration of State Policy. Recognizing that the economic, political,

and civil realities affect womens current condition, 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. Further, the State realizes that equality of
men and women entails the abolition of the unequal structures and practices
that perpetuate discrimination and inequality. To realize this, the State shall
endeavor to develop plans, policies, programs, measures, and mechanisms to
address discrimination and inequality in the economic, political, social, and
cultural life of women and men.

The State condemns discrimination against women in all its forms and pursues by
all appropriate means and without delay the policy of eliminating discrimination
against women in keeping with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and other international instruments
consistent with Philippine law. The State shall accord women the rights,
protection, and opportunities available to every member of society.

The State affirms womens rights as human rights and shall intensify its efforts to
fulfill its duties under international and domestic law to recognize, respect,
protect, fulfill, and promote all human rights and fundamental freedoms of
women, especially marginalized women, in the economic, social, political,
cultural, and other fields without distinction or discrimination on account of class,
age, sex, gender, language, ethnicity, religion, ideology, disability, education,
and status.

The State shall provide the necessary mechanisms to enforce womens rights
and adopt and undertake all legal measures necessary to foster and promote
the equal opportunity for women to participate in and contribute to the
development of the political, economic, social, and cultural realms. The State, in
ensuring the full integration of womens concerns in the mainstream of
development, shall provide ample opportunities to enhance and develop their
skills, acquire productive employment and contribute to their families and
communities to the fullest of their capabilities. In pursuance of this policy, the
State reaffirms the right of women in all sectors to participate in policy
formulation, planning, organization, implementation, management, monitoring,
and evaluation of all programs, projects, and services. It shall support policies,
researches, technology, and training programs and other support services such
as financing, production, and marketing to encourage active participation of
women in national development.

Chapter II
Womens Rights

Section 3. The State shall protect the political, economic and civil rights of
women in the furtherance of the States policy towards equality, justice and
social order.

Chapter II-A
Political Rights

Section 4. Women shall be entitled to vote in all elections on equal terms with
men, without any discrimination.

Section 5. Women shall be eligible for election to all publicly elected bodies,
established by national law, on equal terms with men, without any
discrimination.

Section 6. Women shall be entitled to hold public office and to exercise all
public functions, established by national law, on equal terms with men, without
any discrimination.

Section 7. Women shall be provided with training for female members of

political parties and parliaments and supporting the development of womens
caucuses.
Section 8. Women shall be provided with skill building and leadership training for
women civil society members, womens organizations and female journalists.

Section 9. Women shall have the individual freedom of thought, conscience

and religious beliefs.

Section 9. Women who are citizens of the Philippines who marry aliens shall
retain their citizenship, unless by their act or omission they are deemed, under
the law, to have renounced it. Philippine citizenship may be lost or reacquired
in the manner provided by law. Dual allegiance if citizens is inimical to national
interest and shall be dealt with by law .

Chapter II-B
Economic Rights

Section 10. No woman should be denied access to any social security,

insurance, health, benefits or compensation programs due to her sex, marriage,
pregnancy, status of being a widow, common-law wife or single parent, or
being a registered beneficiary or dependent of her husband or parents in the
same programs, provided she is willing to have her own policy or account and
pay for the corresponding fees.

Section 11. All women shall have equal access to jobs, promotions and
opportunities available to men, without prejudice to their sex, provided they are
capable of performing or rendering the same kind of service or expected
output. Women are also entitled to fair wages and equal remuneration for the
same work performed by men, and that their sex shall never be the basis for the
inferior amount of salary, wages, emoluments or any other benefits, or for worse
or unsafe working conditions.

Section 12. No wife shall be deprived of her share or interests in the personal or
real properties belonging to the community of property or, in case of a marriage
property regime aside from absolute community of property, the common
funds, and in the fruits, income, proceeds or payment from the sale thereof. A
civil action may be filed against the husband for the immediate delivery or
payment of the share of the wife, provided that such deprivation from the wife
or for the benefit of the common children may be proved.
 Chapter II-C
Civil Rights

Section 13. Education

Section 14. Health
Section 15.
 Chapter III
Prohibited Acts
SOURCE PROHIBITED ACT PENALTY
Revised Art.202 Prostitution Arresto menor or a fine not exceeding 200
Penal Prostitutes- women who, for money or profit, habitually pesos
Code indulge in sexual intercourse or lascivious conduct In case of recidivism: Arresto Mayor in its
as medium period to prion correctional in its
amended minimum period or a fine ranging from 200 to
by RA 2,000 pesos, or both at the discretion of the
10158 court.
RA 9208 Section 4.Acts of Trafficking in Persons. - It shall be Section 10.Penalties and Sanctions. - The
The Anti- unlawful for any person, natural or juridical, to following penalties and sanctions are hereby
Trafficking commit any of the following acts: established for
in Persons the offenses enumerated in this Act:
Act of (a) To recruit, transport, transfer; harbor, provide, or (a) Any person found guilty of committing any
2003 receive a person by any means, including those done of the acts enumerated in Section 4 shall suffer
under the pretext of domestic or overseas employment or the penalty of imprisonment of twenty (20)
training or apprenticeship, for the purpose of prostitution, years and a fine of not less than One million
pornography, sexual exploitation, forced labor, slavery, pesos (P1,000,000.00) but not more than Two
involuntary servitude or debt bondage; million pesos (P2,000,000.00);

(b) To introduce or match for money, profit, or material, (b) Any person found guilty of committing any
economic or other consideration, any person or, as of the acts enumerated in Section 5 shall suffer
provided for under Republic Act No. 6955, any Filipino the penalty of imprisonment of fifteen (15)
woman to a foreign national, for marriage for the purpose years and a fine of not
of acquiring, buying, offering, selling or trading him/her to less than Five hundred thousand pesos
engage in prostitution, pornography, sexual exploitation*, (P500,000.00) but not more than One million
forced labor, slavery, involuntary servitude or debt pesos (P1,000,000.00);
bondage;
(e) If the offender is a corporation, partnership,
(c) To offer or contract marriage, real or simulated, for the association, club, establishment or any
purpose of acquiring, buying, offering, selling, or trading juridical person, the penalty shall be imposed
them to engage in prostitution, pornography, sexual upon the owner, president, partner, manager,
exploitation*, forced labor or slavery, involuntary servitudeand/or any responsible officer who
or debt bondage; participated in the commission of the crime or
who shall have knowingly permitted or failed
(d) To undertake or organize tours and travel plans to prevent its commission;
consisting of tourism packages or activities for the purpose
of utilizing and offering persons for prostitution, (f) The registration with the Securities and
pornography or sexual exploitation*; Exchange Commission (SEC) and license to
operate of the erring agency, corporation,
(e) To maintain or hire a person to engage in prostitution association, religious
or pornography*; group, tour or travel agent, club or
establishment, or any place of entertainment
(f) To adopt or facilitate the adoption of persons for the shall be cancelled and revoked permanently.
purpose of prostitution, pornography, sexual exploitation*, The owner, president, partner or manager
forced labor, slavery, involuntary servitude or debt thereof shall not be allowed to operate similar
bondage; establishments in a different name;

(g) If the offender is a foreigner, he shall be

Section 5.Acts that Promote Trafficking in Persons. -
The following acts which promote or facilitate trafficking in
persons, shall be unlawful:
(a) To knowingly lease or sublease, use or allow to be used
any house, building or establishment for the purpose of
promoting trafficking in persons;
(b) To produce, print and issue or distribute unissued,
tampered or fake counseling certificates, registration
immediately deported after serving his
sentence and be barred permanently from
entering the country;
(h) Any employee or official of government
agencies who shall issue or approve the
issuance of travel exit clearances, passports,
registration certificates, counseling
certificates, marriage license, and other similar
documents to persons, whether juridical or
natural, recruitment agencies, establishments
or other individuals or groups, who fail to
observe the
stickers and certificates of any government agency which prescribed procedures and the requirement
issues these certificates and stickers as proof of as provided for by laws, rules and regulations,
compliance with government regulatory and shall be
predeparture requirements for the purpose of promoting held administratively liable, without prejudice
trafficking in persons; to criminal liability under this Act. The
concerned government official or employee
(c) To advertise, publish, print, broadcast or distribute, or shall, upon conviction, be dismissed from the
cause the advertisement, publication, printing, service and be barred permanently to hold
broadcasting or distribution by any means, including the public office. His/her retirement and other
use of information technology and the internet, of any benefits shall likewise be forfeited; and
brochure, flyer, or any propaganda material that (i) Conviction by final judgment of the adopter
promotes trafficking in persons; for any offense under this Act shall result in the
immediate rescission of the decree of
(d) To assist in the conduct of misrepresentation or fraud adoption.
for purposes of facilitating the acquisition of clearances
and necessary exit documents from government agencies
that are mandated to provide pre-departure registration
and services for departing persons for the purpose of
promoting trafficking in persons;
(e) To facilitate, assist or help in the exit and entry of
persons from/to the country at international and local
airports, territorial boundaries and seaports who are in
possession of unissued, tampered or fraudulent travel
documents for the purpose of promoting trafficking in
persons;
(f) To confiscate, conceal, or destroy the passport, travel
documents, or personal documents or belongings of
trafficked persons in furtherance of trafficking or to
prevent them from leaving the country or seeking redress
from the government or appropriate agencies; and
 (g) To knowingly benefit from, financial or otherwise, or
make use of, the labor or services of a person held to a
condition of involuntary servitude, forced labor, or slavery.

Section 11.Use of Trafficked Persons. - Any person Punishment for violators of sec 11:
who buys or engages the services of trafficked shall be penalized as
persons for prostitution follows:
(a) First offense - six (6) months of community
service as may be determined by the court
and a fine
of Fifty thousand pesos (P50,000.00); and
(b) Second and subsequent offenses -
imprisonment
of one (1) year and a fine of One hundred
thousand
pesos (P100,000.00).
Article 245. Abuses against chastity: The penalties of prision correccional in its
medium and maximum periods and
1. Any public officer who shall solicit or make immoral or temporary special disqualification shall be
indecent advances to a woman interested in matters imposed
pending before such officer for decision, or with respect to
Revised which he is required to submit a report to or consult with a If the person solicited be the wife, daughter,
Penal superior officer; sister of relative within the same degree by
Code affinity of any person in the custody of such
2. Any warden or other public officer directly charged with warden or officer, the penalties shall be prision
the care and custody of prisoners or persons under arrest correccional in its minimum and medium
who shall solicit or make immoral or indecent advances to periods and temporary special disqualification
a woman under his custody.
Article 256. Intentional abortion. - Any person who shall 1. For Par. 1 The penalty of reclusion temporal
intentionally cause an abortion:
2. For Par.2 The penalty of prision mayor
1. If he shall use any violence upon the person of the
pregnant woman. 3. For Par.3 The penalty of prision correccional
in its medium and maximum periods,
2. If without using violence, he shall act without the
consent of the woman.

3. If the woman shall have consented.

Article 257. Unintentional abortion. - any person who shall The penalty of prision correccional in its
cause an abortion by violence, but unintentionally minimum and medium period

Article 258. Abortion practiced by the woman herself of by (1) The penalty of prision correccional in its
her parents. medium and maximum periods
(1) A woman who shall practice abortion upon herself (2) The penalty of prision correccional in its
or shall consent that any other person should do so. minimum and medium periods
If this crime be committed by the parents of
(2) Any woman who shall commit this offense to the pregnant woman or either of them, and
conceal her dishonor. they act with the consent of said woman for
the purpose of concealing her dishonor, the
offenders shall suffer the penalty of prision
correccional in its medium and maximum
periods.
Article 259. Abortion practiced by a physician or midwife
and dispensing of abortives. - The penalties provided in
Article 256 shall be imposed in its maximum period,
respectively, upon any physician or midwife who, taking
advantage of their scientific knowledge or skill, shall cause
an abortion or assist in causing the same.
 Any pharmacist who, without the proper prescription from
a physician, shall dispense any abortive shall suffer arresto
mayor and a fine not exceeding 1,000 pesos.
RA 8353 Article 266-A. Rape: When And How Committed. - Rape is
The Anti- committed:
Rape Law
of 1997 "1) By a man who shall have carnal knowledge of a
woman under any of the following circumstances:
"a) Through force, threat, or intimidation;

"b) When the offended party is deprived of reason or

otherwise unconscious;

"c) By means of fraudulent machination or grave abuse of

authority; and

"d) When the offended party is under twelve (12) years of

age or is demented, even though none of the
circumstances mentioned above be present.
"2) By any person who, under any of the circumstances
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.

"Article 266-B. Penalty. - Rape under paragraph 1 of the

next preceding article shall be punished by reclusion
perpetua.

"Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be
reclusion perpetua to death.

"When by reason or on the occasion of the rape, the

victim has become insane, the penalty shall become
reclusion perpetua to death.

"When the rape is attempted and a homicide is

committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.

"When by reason or on the occasion ofthe rape, homicide

is committed, the penalty shall be death.

"The death penalty shall also be imposed if the crime of

rape is committed with any of the following
aggravating/qualifying circumstances:

"l) When the victim is under eighteen (18) years of age and
the offender is a parent, ascendant, step-parent,
guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the
parent of the victim;

"2) When the victim is under the custody of the police or

military authorities or any law enforcement or penal
institution;

"3) When the rape is committed in full view of the spouse,

parent, any of the children or other relatives within the
third civil degree of consanguinity;
"4) When the victim is a religious engaged in legitimate
religious vocation or calling and is personally known to be
such by the offender before or at the time of the
commission of the crime;

"5) When the victim is a child below seven (7) years old;

"6) When the offender knows that he is afflicted with the

Human Immuno-Deficiency Virus (HIV)/Acquired Immune
Deficiency Syndrome (AIDS) or any other sexually
transmissible disease and the virus or disease is transmitted
to the victim;

"7) When committed by any member of the Armed Forces

of the Philippines or para-military units thereof or the
Philippine National Police or any law enforcement agency
or penal institution, when the offender took advantage of
his position to facilitate the commission of the crime;

"8) When by reason or on the occasion of the rape, the

victim has suffered permanent physical mutilation or
disability;

"9) When the offender knew of the pregnancy of the

offended party at the time of the commission of the crime;
and

"10) When the offender knew of the mental disability,

emotional disorder and/or physical handicap of the
offended party at the time of the commission of the crime.
"Rape under paragraph 2 of the next preceding article
shall be punished by prision mayor.

"Whenever the rape is committed with the use of a deadly

weapon or by two or more persons, the penalty shall be
prision mayor to reclusion temporal.

"When by reason or on the occasion of the rape, the

victim has become insane, the penalty shall be reclusion
temporal.

"When the rape is attempted and a homicide is

committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua.

"When by reason or on the occasion ofthe rape, homicide

is committed, the penalty shall be reclusion perpetua.

"Reclusion temporal shall be imposed if the rape is

committed with any of the ten aggravating/ qualifying
circumstances mentioned in this article.

"Article 266-C. Effect of Pardon. - The subsequent valid

marriage between the offended party shall extinguish the
criminal action or the penalty imposed.

"In case it is the legal husband who is the offender, the

subsequent forgiveness by the wife as the offended party
shall extinguish the criminal action or the penalty:
Provided, That the crime shall not be extinguished or the
penalty shall not be abated if the marriage is void ab
initio.
*ADULTERY AND CONCUBINAGE

Article 333. Who are guilty of adultery. - Adultery is

committed by any married woman who shall have sexual
intercourse with a man not her husband and by the man
who has carnal knowledge of her knowing her to be
married, even if the marriage be subsequently declared
void.

Adultery shall be punished by prision correccional in its

medium and maximum periods.

If the person guilty of adultery committed this offense while

being abandoned without justification by the offended
spouse, the penalty next lower in degree than that
provided in the next preceding paragraph shall be
imposed.

Article 334. Concubinage. - Any husband who shall keep a

mistress in the conjugal dwelling, or shall have sexual
intercourse, under scandalous circumstances, with a
woman who is not his wife, or shall cohabit with her in any
other place, shall be punished by prision correccional in its
minimum and medium periods.

The concubine shall suffer the penalty of destierro.

Article 336. Acts of lasciviousness. - Any person who shall prision correccional
commit any act of lasciviousness upon other persons of
either sex, under any of the circumstances mentioned in
the preceding article.
Article 337. Qualified seduction. - The seduction of a virgin
over twelve years and under eighteen years of age,
committed by any person in public authority, priest, home-
servant, domestic, guardian, teacher, or any person who,
in any capacity, shall be entrusted with the education or
custody of the woman seduced, shall be punished by
prision correccional in its minimum and medium periods.

The penalty next higher in degree shall be imposed upon

any person who shall seduce his sister or descendant,
whether or not she be a virgin or over eighteen years of
age.

Under the provisions of this Chapter, seduction is

committed when the offender has carnal knowledge of
any of the persons and under the circumstances
described herein.

Article 338. Simple seduction. - The seduction of a woman

who is single or a widow of good reputation, over twelve
but under eighteen years of age, committed by means of
deceit, shall be punished by arresto mayor.

Article 339. Acts of lasciviousness with the consent of the

offended party. - The penalty of arresto mayor shall be
imposed to punish any other acts of lasciviousness
committed by the same persons and the same
circumstances as those provided in Articles 337 and 338.

Article 340. Corruption of minors. - Any person who shall

promote or facilitate the prostitution or corruption of
persons underage to satisfy the lust of another, shall be
punished by prision mayor, and if the culprit is a pubic
officer or employee, including those in government-
owned or controlled corporations, he shall also suffer the
penalty of temporary absolute disqualification. (As
amended by Batas Pambansa Blg. 92).

Article 341. White slave trade. - The penalty of prision

mayor in its medium and maximum period shall be
imposed upon any person who, in any manner, or under
any pretext, shall engage in the business or shall profit by
prostitution or shall enlist the services of any other for the
purpose of prostitution (As amended by Batas Pambansa
Blg. 186.)

Article 342. Forcible abduction. - The abduction of any

woman against her will and with lewd designs shall be
punished by reclusion temporal.

The same penalty shall be imposed in every case, if the

female abducted be under twelve years of age.

Article 343. Consented abduction. - The abduction of a

virgin over twelve years and under eighteen years of age,
carried out with her consent and with lewd designs, shall
be punished by the penalty of prision correccional in its
minimum and medium periods.
Article 349. Bigamy. - The penalty of prision mayor shall be
imposed upon any person who shall contract a second or
subsequent marriage before the former marriage has
been legally dissolved, or before the absent spouse has
been declared presumptively dead by means of a
judgment rendered in the proper proceedings.

Article 350. Marriage contracted against provisions of

laws. - The penalty of prision correccional in its medium
and maximum periods shall be imposed upon any person
who, without being included in the provisions of the next
proceeding article, shall have not been complied with or
that the marriage is in disregard of a legal impediment.

If either of the contracting parties shall obtain the consent

of the other by means of violence, intimidation or fraud,
he shall be punished by the maximum period of the
penalty provided in the next preceding paragraph.

Article 351. Premature marriages. - Any widow who shall

marry within three hundred and one day from the date of
the death of her husband, or before having delivered if
she shall have been pregnant at the time of his death,
shall be punished by arresto mayor and a fine not
exceeding 500 pesos.

The same penalties shall be imposed upon any woman

whose marriage shall have been annulled or dissolved, if
she shall marry before her delivery or before the expiration
of the period of three hundred and one day after the
legal separation.

Article 352. Performance of illegal marriage ceremony. -

Priests or ministers of any religious denomination or sect, or
 civil authorities who shall perform or authorize any illegal
marriage ceremony shall be punished in accordance with
the provisions of the Marriage Law.
Anti- Sec. 5. Acts of Violence Against Women and Their Sec. 6. Penalties.- The crime of violence
Violence Children.- The crime of violence against women and their against women and their children, under Sec.
Against children is committed through any of the following acts: 5 hereof shall be punished according to the
Women following rules:
and Their (a) Causing physical harm to the woman or her child;
Children (a) Acts falling under Sec. 5(a) constituting
Act of (b) Threatening to cause the woman or her child physical attempted, frustrated or consummated
2004." harm; parricide or murder or homicide shall be
punished in accordance with the provisions of
(c) Attempting to cause the woman or her child physical the Revised Penal Code;
harm;
If these acts resulted in mutilation, it shall be
(d) Placing the woman or her child in fear of imminent punishable in accordance with the Revised
physical harm; Penal Code; those constituting serious physical
injuries shall have the penalty of prison mayor;
(e) Attempting to compel or compelling the woman or her those constituting less serious physical injuries
child to engage in conduct which the woman or her child shall be punished by prision correccional; and
has the right to desist from or desist from conduct which those constituting slight physical injuries shall
the woman or her child has the right to engage in, or be punished by arresto mayor;
attempting to restrict or restricting the woman's or her
child's freedom of movement or conduct by force or Acts falling under Sec. 5(b) shall be punished
threat of force, physical or other harm or threat of physical by imprisonment of two degrees lower than
or other harm, or intimidation directed against the woman the prescribed penalty for the consummated
or child. This shall include, but not limited to, the following crime as specified in the preceding
acts committed with the purpose or effect of controlling or paragraph but shall in no case be lower than
restricting the woman's or her child's movement or arresto mayor;
conduct:
(b) Acts falling under Sec. 5(c) and 5(d) shall
(1) Threatening to deprive or actually depriving the be punished by arresto mayor;
woman or her child of custody to her/his family;
(c) Acts falling under Sec. 5(e) shall be
(2) Depriving or threatening to deprive the woman or her punished by prision correccional;
children of financial support legally due her or her family,
or deliberately providing the woman's children insufficient (d) Acts falling under Sec. 5(f) shall be
financial support; punished by arresto mayor;

(3) Depriving or threatening to deprive the woman or her (e) Acts falling under Sec. 5(g) shall be
child of a legal right; and punished by prision mayor;

(4) Preventing the woman in engaging in any legitimate (f) Acts falling under Sec. 5(h) and Sec. 5(i)
profession, occupation, business or activity or controlling shall be punished by prision mayor.
the victim's own mon4ey or properties, or solely controlling
the conjugal or common money, or properties. If the acts are committed while the woman or
child is pregnant or committed in the
(f) Inflicting or threatening to inflict physical harm on presence of her child, the penalty to be
oneself for the purpose of controlling her actions or applied shall be the maximum period of
decisions; penalty prescribed in the Sec.

(g) Causing or attempting to cause the woman or her In addition to imprisonment, the perpetrator
child to engage in any sexual activity which does not shall (a) pay a fine in the amount of not less
constitute rape, by force or threat of force, physical harm,
than One hundred thousand pesos
or through intimidation directed against the woman or her (P100,000.00) but not more than three
child or her/his immediate family; hundred thousand pesos (300,000.00); (b)
undergo mandatory psychological counseling
(h) Engaging in purposeful, knowing, or reckless conduct, or psychiatric treatment and shall report
personally or through another, that alarms or causes compliance to the court.
substantial emotional or psychological distress to the
woman or her child. This shall include, but not be limited
to, the following acts:
(1) Stalking or following the woman or her child in public or
private places;

(2) Peering in the window or lingering outside the

residence of the woman or her child;

(3) Entering or remaining in the dwelling or on the property

of the woman or her child against her/his will;

(4) Destroying the property and personal belongings or

inflicting harm to animals or pets of the woman or her
child; and

(5) Engaging in any form of harassment or violence.

(i) Causing mental or emotional anguish, public ridicule or

humiliation to the woman or her child, including, but not
limited to, repeated verbal and emotional abuse, and
denial of financial support or custody of minor children of
access to the woman's child/children.
SEC. 13. Separability Clause
If any part or provision of this Act is held invalid or unconstitutional, other
provisions not affected thereby shall remain in force and effect.

SEC. 14. Repealing Clause

All other laws, decrees, orders, issuances, rules and regulations which are
inconsistent with the provisions of this Act are hereby repealed, amended or
modified accordingly.

SEC. 15. Effectivity

This Act shall take effect fifteen (15) days after its publication in at least two (2)
newspapers of general circulation.