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LEGAL BACKGROUND





The Magna Carta of Women (Republic Act No. 9710) defines Gender and Development (GAD) as "the development perspective and process that is participatory and empowering, equitable, sustainable, free from violence, respectful of human rights, supportive of self-determination and actualization of human potentials. It seeks to achieve gender equality as a fundamental value that should be reflected in development choices and contends that women are active agents of development, not just passive recipients of development."


The implementation of GAD in government agencies, including GOCCs, finds basis in the following pertinent laws:


  • Section 14, Article II of the 1987 Constitution provides the State policy, thus: “The State recognizes the role of women in nation-building and shall ensure the fundamental equality before the law of women and men.”

  • Republic Act (RA) No. 9710, the Magna Carta of Women (MCW), was approved on August 14, 2009. The law created the Philippine Commission on Women (PCW), which replaced the National Commission on the Role of Filipino Women (NCRFW). Under the law, the PCW is the primary policymaking and coordinating body of women and gender equality under the Office of the President, as well as the monitoring body and oversight to ensure the implementation of the law.


  • Section 36 of the RA 9710, which is Gender Mainstreaming as a Strategy for Implementing the Magna Carta of Women, states that:
  • “All government departments, including their attached agencies, offices, bureaus, state universities and colleges, government-owned and-controlled corporations, local government units and all other government instrumentalities shall adopt gender mainstreaming as a strategy to promote women’s human rights and eliminate gender discrimination in their systems, structures, policies, programs, processes, and procedures."


  • Section 36-B: Creation and/or Strengthening of the GAD Focal Points (GFP),viz:
  • “All concerned government agencies and instrumentalities mentioned above shall establish or strengthen their GAD Focal Point System (GFPS) or a similar GAD mechanism to catalyze and accelerate gender mainstreaming within the agency."


    The Gender and Development Focal Point System (GFPS), as mandated by Republic Act No. 9710, ensures the effective implementation of gender mainstreaming strategies and programs within government agencies.


    The establishment or reconstitution of the GFPS shall be made through issuance of a policy through an Office Order.


    PCW Memorandum Circular No. 2011–01 issued on October 21, 2011, sets the guidelines for the creation, strengthening, and institutionalization of the GFPS.