Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

sixteenth Congress
First Regular Sesion

3877

House Bill No.

Introduced by AKBAYAN Representatives
Ibarra “Barry” M. Gutierrez III and Walden F. Bello

EXPLANATORY NOTE

More than seven decades since the special 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 polities and governance

Only two women out of fourteen succeeded to occupy the Philippine presidency, translating to
fourteen percent (14%) of the total. Data gathered by the Commission on Elections 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 Sixteenth Congress show that women occupy
seventy-eight (78) out of the two hundred cighty-cight (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. 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 II (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 has signed the Convention on the
Elimination of all Forms of Diserimination Against Women in. 17 July 1980 and ratified it on 19 July
1981. The Convention came into effect on 04 September 1981, In 2009, the Magna Carta for Women,
which secks 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 male (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, women 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 s earnestly sought.

a VFA

IBARRA “BARRY MKGUTIERREZ III WALDEN F. BELLO


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

Sixteenth Congress
First Regular Session

3877

House Bill No.

———

Introduced by AKBAYAN Representatives
Ibarra “Barty” M. Gutierrez II and Walden P. Bello

—_—_—

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 arsembled:

SECTION 1. Short title —This Act shall be known as the “Women Participation and Representation
in Political Parties Act of 2013.”

SECTION 2. Declaration of policy —Pursuant to Section 14, Article II (State Policies) of the
1987 Philippine Constitution, which recognizes the tole 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:


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(@) “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.

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“Certified political party? shall vefer 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,

(©) “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 andl their shate in the Women in Political Parties Empowerment Fund.

(@) “Woman member of a poitieal party? shall vefer 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.

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

members.as candidates for public office.

() “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 atid development
agenda, and which may be used to augment funds for the campaign activities of women

candidates, as provided for by this Act.


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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 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, final, ‘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, furtber, That women representation by a
political party shall be equitable whenever at least thirty percent (30%) of women are nominated
4s 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

tepresentation 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


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of this Act. The incentives given to political parties from the Fund shall be used directly and
exclusively for the following purposes:

(® Development and implementation of the political party's women and gender and

development agenda, and
(&) 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: Provide,
‘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 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 unteleased 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 ftom 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—aA 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


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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 Cextification. A duly-cettified political
party shall be entided 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 disclostire—The 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 « certified
political party to comply with the provisions of this Act, particularly with Section 11, will result
in its disqualification from receiving share in the Fand 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 ot 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, ordeés, 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 ot modified accordingly.


1 SECTION 29. Effectivity—This Act shall take effect fifteen (15) days after its publication in

2 atleast ewo (2) newspapers of general circulation.

Approved,