Class,

take home quiz . submit on the next session. 10 pts

write your last name on the upper right hand corner of your paper

1.  Write in not more than one page of  used short bond paper, the ruling in Prov. of N. cotabot vs. Esperon.  Only used bond paper will be accepted. Save the trees. recycle.

2.  What is the controversy in the city of manila?  This is current events.

write in not more than one half page of used short bond paper

Katrina Halili sued Dr. Hayden Kho for Violation of Republic Act No. 9262.  Katrina is an actress and model for Bench, a clothing company, who had a sexual relationship with a costemic surgeon employed or connected with Belo Clinic, named Dr. Hayden Kho.  A video of katrina and Kho while having sexual contact is posted in the internet.  Katrina says it was filmed by Kho without her knowledge and consent.

A senator called me  ask about the salient features of RA No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004.  For salient features of this law, please click Books and Articles in this website.

The most common question that is asked is if Dr. Kho is liable for economic violence.

I doubt if an allegation of economic violence will prosper, because the allegation (if I am not mistaken) is that Katrina lost opportunity income and job offers because of the sex video. This is more appropriate in a damage suit, but may not prosper in a criminal action, unlike say for example, if the woman is entitled to support and is deprived of support, the man controls her income or solely controls community or conjugal funds or assets, or kicked her out of a house which is conjugal or community property, for whatever reason. The woman may not be deprived of the use or enjoyment of conjugal or community property such as the conjugal dwelling, even if the husband  alleges that she committed marital infidelity.   In my opinion, if there is no deprivation of a right to support or an economic right and there is no element of economic control, there is no economic violence.

RA 9262 applies even if there was only one sexual contact. It also applies to persons who have or had (past) a dating relationship or those with common children (who are not married), those who are or were married, or living-in. They must have  had a present or past intimate or dating  relationship.

RA 9262 provides the woman with the relief of a protection order in an independent civil action, or together with an action for damages. This is probably what Katrina has filed against Kho. An application for protection order can be filed together with an action for damages, to ask the court to issue a stay away order and deliver to the court any videotape with Katrina in it, to prevent futher public humiliation. 

For details about RA 9262, get a copy of my article, “Issues and Problems in the Enforcement of the Anti-Violence Against Women and Their Children Act of 2004,” in the Philippine Journal (Dec 2008 issue) or Journal of the Integrated Bar of the Philippines (March 2009).  Check the web, the Phil Law Journal has  a website. You may also check here from time to time. My webmaster will soon post my article in “Books.”

I am happy to share with you that my niece, Teresa Ira Maris P. Guanzon, or “Tim” is the Grand Archon of the Delta Lambda Sigma Sorority. Tim is 3rd year in the University of the Philippines College of Law and was Class President for two years.

The Delta Lambda Sigma Sorority is registered as a socio-civic organization in the University of the Philippines, Diliman, Quezon City.  Our members include students from various colleges, including the College of Law, Business Administration, Tourism, College of Science and Tourism.  Delta Lambda Sigma ephasizes academic excellence and leadership.  One of our resident sisters Missy, (2nd year UP College of Law) is Secretary General of the University Student Council in UP Diliman.

For photos of the Deltan Ball 2009, please click Gallery. 

My article in the Philippine Law Journal (Dec 2008) entitled, “Issues and Problems in the Enforcement of the Anti-Violence Against Women and Their Children Act of 2004″ will be available in the University of the Philippines Law Center by June 2009.

Also, in 2008 Justice Alicia Austria-Martinez penned the Supreme Court decision Go-Tan vs. Tan, where the Supreme Court held that the parents of the husband may be named respondents in a protection order petition because they conspired to commit psychological violence upon the woman.  The Supreme Court applied conspiracy in the Revised Penal Code suppletorily to RA No. 9262, and used the liberal construction of the law.

Will post this article in this weblog by July 2009.

New photos are in the gallery, including photos of  the U.P. Delta Lambda Sigma Sorority

sisters.  Photos of the Deltan Ball 2009 will be posted soon.

My article, “Constitutional Challenges to RA No. 9262″ will be published in the Journal of the Integrated Bar of the Phippines around 22 March 2009.  All lawyers get a free copy of the Journal of the IBP.

I will be posting it in this website after it is published. 

The following is a statement sent to the Asia Cause Lawyers Network by our member, Salma Ali from Bangla Desh:

Friends, all of you may be aware about recent brutal massacare at

OPINION AND RECOMMENDATIONS OF  ATTY. ROWENA V. GUANZON[1] 

ON THE SENATE BILL NO. 2396 AND HOUSE BILL NO. 4273 ENTITLED, “AN ACT PROVIDING FOR THE MAGNA CARTA OF WOMEN” 

I am submitting this opinion to the Honorable Senate President, Senators and Members of the House of Representative regarding SB 2396 and HB No. 4273, both entitled, “ An Act Providing For the Magna Carta Of Women,” in my individual capacity. My opinion and recommendations are not those of the organizations where I am a member. 

It is my view that a Magna Carta of Women should reflect not only the Philippines’ State obligations under international conventions and customary international law, specifically, on the rights of women, but also specific provisions that implement, protect and enable the fulfillment or the enjoyment of civil, social, political and economic human rights of women either by amending or repealing existing legislations that discriminate against women or which are obstacles to the full enjoyment of their human rights, or providing for women’s rights to political participation, economic empowerment as well as other rights.  One of these provisions should be on sectoral participation of women in the Sangguniang Panlalawigan, Sangguniang Panglunsod, Sangguniang Bayan, and Sangguaniang Barangay, pursuant to the Local Government Code (RA 7610).  One of my recommendations is the inclusion of several international conventions on the rights of women by their specific title, and a statement which provides that the Senate Bill and House Bill reflect the rights of women enshrined in these international conventions and are therefore part of domestic law.  By having a Magna Carta of Women that specifies the international conventions protecting the rights of women in the State Policy or in its Preamble, the State obligations of the Republic of the Philippines under these international conventions to which it is a State party can be read into the domestic law. Courts and other organs of the State such as the Police and other law enforcer agencies, the Prosecution Service, national agencies, local government units,  government officials both national and local, are duty-bound to comply with the State obligations, otherwise they commit wrongful conduct which is attributable to the Republic of the Philippines, as organs of the State.           Aside from international conventions to which the Philippines is a State party, the

It is with these thoughts in mind that I am submitting my recommendation to revise the State Policy in Section 2 of SB No.  2396 and HB No. 4273, as well as some recommendations.            

                                                                   Recommendations of Prof. R.V. Guanzon 

Note: Recommendations are in red ink or italics, if the recommendation is to delete words or phrases, they are enclosed by the symbol [   ] 

RECOMMENDATION :  SECTION 2. Declaration of Policy- Recognizing that the Constitution guarantees the full respect for human rights of women, the role of women in nation-building, and the fundamental equality of women and men; 

Recognizing that the Philippines is a party to international conventions involving the rights of women and must comply with its State obligations under these conventions and the United Nations Charter which provides that no one must be discriminated against on ground of sex; Recognizing that the State must comply also with customary international law including the Universal Declaration on Human Rights, and that under the Constitution, generally accepted principles of international form part of the law of the land and is therefore part of domestic law and enforceable by our courts and other organs of the State; 

Realizing the State is a party to international conventions that protect and promote the full enjoyment of women’s civil, social, cultural, political and economic human rights, including, the United Nations Charter, Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol, International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Convention on the Political Rights of Women, the Convention on Consent to  Marriage, Minimum Age for Marriage and Registration of Marriages, Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others and its Optional Protocol, and the Convention on the Rights of Persons with Disabilities;  Recognizing that the provisions of any domestic law can not prevail over those of international conventions, nor can a State through its laws limit the scope of her international obligations;  

The State, through this Magna Carta of Women of 2008, adopts the provisions of the above-mentioned international conventions and all others to which it is a State party as part of its domestic law, enforceable by its courts and all agencies of government and local governments; 

(SB No. 4273) Sec. 2. The State affirms the role of women in nation building and shall ensure the substantive  or fundamental equality of women and men. It shall promote the empowerment of women.  [and pursue equal opportunities for  women and men as well as ensure their equal access to resources and to development … and outcome.]FURTHER, THE STATE REALIZES THAT EQUALITY  OF WOMEN AND MEN ENTAILS THE ABOLITION OF THE UNEQUAL STRUCTURES AND PRACTICES THAT PERPETUATE DISCRIINATION AND INEQUALITY. TO REALIZE THIS, THE STATE SHALL ENDEAVOR TO DEVELP PLANS, POLICIES, PROGRAMS, MEASURES AND MECHANISMS TO ADDRESS DISCRININATION AND INEQULAITY IN THE ECONOMIC, POLITICAL, SOCIAL AND CULTURAL LIFE OF WOMEN AND MEN                                                                                             

(sn No. 2396) 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 conventions to which it is a State party. [instruments CONSISTENT WITH PHILIPPINE LAW. The State shall accord women the rights, protection, and opportunities available to every member of society.] 

The State affirms women’s rights as human rights…. Especially MARGINALIZED WOMEN AND WOMEN WITH DISABILITIES, IN THE economic…. (SAME TEXT AS SB NO. 2396 , BUT “WOMEN WITH DISABILITIES WAS ADDED BECAUSE THER IS A CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES WHICH WAS RATIFED BY THE SENATE IN MAY 208. THE SENATE HAS NOT YET RATIFIED THE OPTIONAL PROTOCOL TO THE CRPD); The State shall provide the necessary mechanisms to enforce women’s rights AND adopt and undertake ALL LEGAL MEASURES NECESSARY TO FOSTER AND PROMOTE the equal OPPORTNITY FOR WOMEN TO PARTICPATE IN AND CONTRIBUTE TO THE DEVELOPMENT OF the political, economic, social, AND cultural REALMS .  (SAME TEXT As SB No. 2396 BUT DELETE ALL OTHER WORDS AFTER BECAUSE THIS IS A STATE POLICY AND THE PROVISION ON RELIGIOUS BELIEFS MAY BE RESTATED UNDER PENALTIES FOR NON ENFORCEMENT BY GOVERNMENT OFFICERS AND EMPLOYEES, AND VIOLATIONS BY ANY PERSON) 

(HB) The State, IN ENSURING THE FULL INTEGRATION OF WOMEN’S CONCERNS IN THE MAINSTREAM OF DEVELOLOPMENT, shall provide ample opportunities and enable women to enhance their skills, acquire productive employment and contribute to the their communities to the fullest of their capabilities; 

(HB) In pursuance of this policy, the State recongnizes the right of women in all sectors to political participation, and their right to participate in policy formulation, planning, organization, implementation, management, monitoring, and evaluation of all programs and projects.  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. 

[1] Professorial Lecturer, University of the Philippines College of Law; Steering Committee Member, Asia Cause Lawyers Network; Founding Member, Gender Justice Network and CEDAW Watch; Former  City Mayor of Cadiz and former consultant on women’s rights to the Senate President (2004); Practicing Lawyer; Prof. Guanzon  has an LLB from U.P., and has a Master in Public Administration from Harvard University. She participated in the UN Expert Group Meeting on Good Practices in Violence Against Women Legislations in UN Vienna in May 2008, upon the invitation of the UN Division for the Advancement of Women;  She also delivered a talk as an expert on VAW legislation  in the conference of the International Parliamentary Union in

[2] Written by Christopher Ocampo, 3^rd  Year student in the

I visited the Bantayog ng Mga Bayani Memorial Museum yesterday, upon invitation of thhe Bantayog ng Mga Bayani Foundation. Susan Macabuag invited me to the event, and I saw Behn Cervantes, Sister Mary John Manansan and Senator Eva Estrada Kalaw there. 

I was 12 when Marcos declared Martial Law, a sophomore in Silliman University HIgh School. Lina Polotan was my classmate, and Victoria Justiniani was my dormmate. My elder sister, now Executive Judge Frances Guanzon, was in UP Diliman, in Kamia Residence Hall, and my brother Mat, now a cardio-thoracic surgeon, was part of the frat men who blockaged UP.

In 1983, when I saw Marcos on television annoucing that Ninoy was killed, I thought that we would never finish college. I finished law in 1984, wrote a paper on civil disobedience in my Special Problems in Law under Prof., now Sr. Justice Leonardo A Quisumbing in 1984, took my oath in 1985, and was appointed officer in charge /Mayor of Cadiz  City, Negros Occidental in May 1986. I never thought Martial Law would end, but it did, after many years of struglle and protest, and after thousands of lives were lost.

Go and visit Bantayog Museum. Photos of plaza miranda are there, and photos of journalists and student activists who were tortured and killed during Martial Law.  My heartbeat raced when I saw a television announcement of Marcos when he declared Martial Law.  I sat in front of the t.v. and thought of the thousands of young men and women who were killed during the Marcos dictatorship, and how they all died and those who lived, suffer the trauma, so that we can have our freedong. To them, my eternal gratitude and salute.

Rowena Guanzon