HUUSL *€ B PRESENT ATVES

RECTAN

Republic of the Philippine:
HOUSE OF REPRSENTAT) one? 3 AUG 2016
Quezon City Tne ppl
By: ws
SEVENTEENTH CONGRE: Sreeemanenetner

First Regular Session

3200

House Bill No.

BILLS AND INDEX SERVICE

Introduced by AKBAYAN Representative Tomasito 8. Villarin

EXPLANATORY NOTE

More than seven decades since the plebiscite in 30 April 1937, in which
more than ninety percent (90%) of voters were in favor of extending the right
of suffrage to women, women remain underrepresented within the sphere of
politics and governance.

Of the sixteen Philippine presidents, only two have been women, translating
to just thirteen percent (13%) of the total. Data gathered by the Commission
on Elections (COMELEC) reveal that in 2010, women candidates won only
18.4% of elective positions, a slight but welcome increase from the 17% in
2007. The composition of the Seventeenth Congress show that women
occupy seventy-eight (78) out of the two hundred eighty-eight (288) seats in
the House of Representatives, and six (6) out of the total twenty-four (24)
seats in the Senate ~ this translates to 27.1% and 25%, respectively. For
this 17 Congress, out of the two hundred and ninety-four (294) seats in the
Lower House, eighty-three (83) are occupied by women legislators. In the
Senate, six (6) out of twenty-four (24) Senators are women. These comprise
28% and 25% women participation rates, respectively.

Women justices composed forty-three percent (43%) of the Supreme Court in
2007; at present, however, only three (3) justices are women.

‘The 1987 Philippine Constitution in Article Il (State Policies), Section 14
provides for State recognition of the role of women in nation-building, and
for the concurrent obligation of the State to ensure fundamental equality
before the law of women and men. Even before the promulgation and
adoption of the Constitution, the Philippines had already signed the
Convention on the Elimination of all Forms of Discrimination Against
Women in 17 July 1980 and ratified it on 19 July 1981. The Convention
came into effect on 4 September 1981. In 2009, the Magna Carta of Women,
which seeks to advance the emancipation and empowerment of women, was
signed into law. It contains provisions which furthered the implementation
of the State mandate to develop plans, policies, programs and measures that
address gender discrimination and inequality in society. Its Section 11, in


particular, explicitly mandates the State to carry out affirmative action to
accelerate participation and equitable representation of women with the end
of a gender-balanced participation and representation in leadership and
policy-making.

The slow speed of growth in women participation in politics and governance
is a barrier to fundamental equality, and such participation remains low
‘This bill aims to increase the quantity and quality of women participation in
politics and governance. It seeks the adoption of an incentive system that
would institutionalize a gender-balanced public service system. The
dominance of males (at least in number) in leadership and policy-making
institutions of the country requires that the State actively intervenes to tip
the scale. By providing equal representation to top-level management posts
and key policy-making units for women, they are assured that their needs
and interests are taken into account in decision-making processes that
affect their lives at both the national and local levels.

In view of the foregoing, the passage of this bill is earnestly sought

a

TOMASITO S. VILLARIN


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

3200

House Bill No.

Introduced by AKBAYAN Representative Tomasite S. Villarin

AN ACT
PROMOTING WOMEN PARTICIPATION AND EQUITABLE
REPRESENTATION IN AND BY POLITICAL PARTIES, GIVING
INCENTIVES THEREFOR,CREATING THE WOMEN IN POLITICAL
PARTIES EMPOWERMENT FUND, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives in Congress
assembled:

SECTION 1. Short title—This Act shall be known as the “Women
Participation and Representation in Political Parties Act of 2016.”

SECTION 2. Declaration of policy—Pursuant to Section 14, Article
II (State Policies) of the 1987 Philippine Constitution, which recognizes
the role of women in nation-building and ensures fundamental
equality before the law of men and women, and to Section 14, Article
XIII (Social Justice and Human Rights) of the sameConstitution, which
makes it an obligation of the State to provide facilities and
opportunities for women that will enhance and enable them to realize
their full potential in the service of the nation, it is hereby declared the
policy of the State to promote women participation and equitable
representation of women by providing incentives to political parties
which have women agenda and which have internal policies which
promote women participation and equitable representation.

SECTION 3. Definition of terms.—As used in this Act:

(a) “Campaign expenditures” shall refer to any type of expense
incurred, regardless of source and purpose, that relates directly or
indirectly, to the conduct of the electoral campaign of a woman
candidate. It includes all payments of money or anything of value,
or a contract, promise or agreement to spend, for the purpose of


influencing the results of the elections. In includes the use of office
space and facilities personally owned by the woman candidate, the
monetary value of which shall be assessed based on the market
rates prevailing in a particular area: Provided, That for purposes of
this Act, the term shall refer exclusively and specifically to
campaign expenditures of women candidates.

(b) “Certified political party” shall refer to a political party qualified to
receive incentives for the development and implementation of its
women and gender and development agenda and to augment funds
reserved for the campaign expenditures of its women candidates,
and certified as such by the Philippine Commission on Women,
with the assistance of the Commission on Elections.

(c) “Disclosure requirement’ shall refer to the duty of women
candidates and political parties, as defined in this Act, to reveal the
details of the incentives and expenditures given and received by
them as incentives and their share in the Women in Political Parties
Empowerment Fund.

(d) “Woman member of a political party” shall refer to a natural person
of good standing in a political party who complied with the
requirements of party membership, including the payment of
membership dues, and coming from the women sector.

(e) “Political party” shall refer to a political party, party-list or an
organized group of persons duly registered with the Commission on
Elections, pursuing or advocating a platform, principles and
policies for the general conduct of government and which
nominates and supports its members as candidates for public
office

(f) “Women in Political Parties Empowerment Fund” or “Fund” shall
refer to the fund for the development and implementation of a
political party’s women and gender and development agenda, and
which may be used to augment funds for the campaign activities of
women candidates, as provided for by this Act

SECTION 4. Development and implementation of a women and
gender and development agenda.—Political parties are mandated to
craft and implement a clear women and gender and development
agenda and program consistent with their party philosophy and
ideals. The members of the political party shall endeavor to act in
accordance with this agenda and pursue programs to fulfill party
commitments.

SECTION 5. Participation and equitable representation in
political parties—Women representation in a political party shall
refer to the integration of women in the leadership of a political party

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and its internal policy-making structures: Provided, That such leaders
are bona fide women members of the political party: Provided, further,
That women representation in a political party shall be equitable
whenever women leaders occupy at least thirty percent (30%) of the
leadership and internal policy-making structures of the political party:
Provided, finally, That the Philippine Commission on Women, with the
assistance of the Commission on Elections, shall certify the equitable
nature of representation in a political party.

SECTION 6. Participation and equitable representation by
political parties—Women representation by a political party shall
refer to the nomination of women as official candidates of the political
party to elective positions in the government: Provided, That such
nominees are bona fide women members of the political party:
Provided, further, That women representation by a political party shall
be equitable whenever at least thirty percent (30%) of women are
nominated as official candidates of the political party: Provided,
(further, That the Philippine Commission on Women, with the
assistance of the Commission on Elections, shall certify the equitable
nature of representation by a political party.

SECTION 7. Incentives for equitable representation in and by a
political party.—A political party registered with the Commission on
Elections, and certified by the Philippine Commission on Women to
have equitable representation as stated in Sections 5 and 6 of this
Act, shall be allowed to access the Women in Political Parties
Empowerment Fund, established by virtue of this Act, to fund their
women and gender and development agenda, and to augment funds
for the campaign expenditures of their women candidates.

SECTION 8. Establishment of the Women in Political Parties
Empowerment Fund.—There is hereby established a Women in
Political Parties Empowerment Fund, hereinafter referred to as the
“Fund,” which shall be the source of incentives for political parties
complying with Section 7 of this Act. The incentives given to political
parties from the Fund shall be used directly and exclusively for the
following purposes:

(a) Development and implementation of the political party’s women
and gender and development agenda, and

(b) Finance of the campaign activities of the political party's women
candidates.

The share of each of the political parties from the Fund shall be
released only upon proof that the concerned political party has raised
an amount specifically for the development and implementation of the
political party’s women and gender and development agenda:
Provided, That the notwithstanding Sections 5, 6 and 7 of this Act, no
political party shall be given its share in the Fund until it has given

3.


proof that there are political party funds segregated and reserved for
the political party’s women and gender and development agenda:
Provided, further, That the amount to be released shall be equal to the
amount so segregated and reserved: Provided, finally, That unreleased
amounts because of the political party’s failure to segregate and
reserve such amounts, if any, shall be forfeited and reverted to the
General Fund of the government.

For purposes of this Act, all releases from the Fund during a non-
election year shall be used exclusively for the political party’s women
and gender and development agenda. Amounts released from the
Fund during an election year shall be divided as follows: (1) sixty
percent (60%) shall be used for campaign expenditures, and forty
percent (40%) shall be used for women and gender and development
agenda.

The political parties availing of the incentives from the Fund shall
maintain a separate financial account for the amounts given them by
virtue of this Act.

SECTION 9. Allowable women and gender and development
activities—The Commission on Elections and the Philippine
Commission on Women shall provide a comprehensive list of specific
activities which shall be considered as a development and
implementation activity under Section 8 of this Act.

SECTION 10. Certification.—A political party which conforms with
Section 5 and 6 of this Act, and which desires to be entitled to the
incentives, rights and privileges and to perform the responsibilities,
provided in this Act, may ask for a Certification from the Philippine
Commission on Women, under such rules and regulations as the
Philippine Commission on Women shall prescribe consistent with the
provisions of this Act. The criteria in Sections 5 and 6 of this Act shall
set the eligibility requirement for the said Certification. A duly-certified
political party shall be entitled to the incentives, rights and privileges
and to perform the responsibilities, as provided in Section 7 and
Section 11 of this Act.

SECTION 11. Full disclosure—tThe officials of a political party
certified by the Philippine Commission on Women to be eligible and
which, in fact, has availed of the incentives under Section 7 of this
Act, shall be required to submit with the Philippine Commission on
Women, the Commission on Elections and the Commission on Audit a
public disclosure of the amounts it received and the expenditures
made thereon at the end of every fiscal year.

SECTION 12. Failure to comply with disclosure requirements.—
Failure of a certified political party to comply with the provisions of
this Act, particularly with Section 11, will result in its disqualification

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from receiving a share in the Fund and the forfeiture of all rights and
privileges to which the said political party would have been entitled
under this Act.

SECTION 13. Appropriations—The amount necessary for the
implementation of the provisions of this Act shall be included in the
General Appropriations Act.

SECTION 14. Lead agency, implementing rules and
regulations.—The Philippine Commission on Women is hereby
mandated as the regulatory and certifying agency charged with
enforcing the provisions of this Act, and shall promulgate the
necessary rules and regulations to effectively implement the
provisions of this Act.

SECTION 15. Separability Clause.—if any part, section or provision
of this Act is held invalid or unconstitutional, other provisions not
affected thereby shall remain in full force and effect.

SECTION 16. Repealing Clause —all laws, decrees, orders, rules
and regulations or other issuances, which are inconsistent with the
provisions of this Act, particularly those in the Magna Carta of Women
(R.A. 9710), if any, are hereby repealed, amended or modified
accordingly

SECTION 29. Effectivity—This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general
circulation.

Approved,