RECOMMENDATIONS:
Amend certain provisions to strengthen measures to fully protect the abused
women;
There must be continuing legal education for members of the barangay,
police, and judiciary on GBV.
C. Prostitution and Human Trafficking
Women in prostitution in the Philippines are still penalized under the Revised Penal
Code.14 The existing criminal law imposing imprisonment on women in prostitution
disregards the fact that many are lured to prostitution because of the desperation due to
poverty and lack of alternative sources of income. There is also the occurrence of
predatory pimping of adolescents and young women and girls where illegal
recruiters/traffickers roam around the communities targeting them.15
RECOMMENDATIONS:
The penal provisions imposed on women in prostitution must be repealed;
Implement the Expanded Anti-Trafficking Law to the fullest extent;
The Philippine government must properly address problems associated with
women in prostitution and trafficked women including by increasing access to
education through study now-pay later schemes, ensure state universities in
each province, city, and municipality, awarding more scholarships, among
others, and by increasing access to work and financial assistance/loans for
women.
D. Sexual Harassment
The Anti-Sexual Harassment Act of 199516 embodied the noble intent of proscribing
sexual harassment in the workplace, education, and training environment. However, the
actual provisions of the law are problematic. It provides that there is demand, request, or
requirement of a sexual favor with the use of “authority, influence, or moral
ascendancy.”17 The way that the law is phrased subjects it to judicial interpretation where
strict interpretation has led to countless dismissals in the preliminary investigation level
and acquittals in the courts.18
Like rape, sexual harassment, can happen anywhere and anytime. In cases of sexual
harassment, the psychological impact on the victim is important and not the intent of the
harasser.19 Until the law is amended, however, it is imperative for prosecutors, judges,
and justices to rule that any unwanted act of a sexual nature to which a woman is
subjected to, such as forced kisses, grabbing of breast, is already a “demand or
requirement of a sexual favor” as held in the 2008 case of Rayala v. Domingo.20 In
Rayala, the Supreme Court stated that,
4