An Analysis of Supreme Court Decisions on Rape and Sexual

Ateneo de Manila University Archīum Ateneo Ateneo School of Law Faculty Publications Ateneo School of Law 2019 An Analysis of Supreme Court decisions on Rape and Sexual Assault Assessing their compliance with the Convention on the Elimination of Discrimination against Women (CEDAW) mandate to eliminate Gender Discrimination and promote Gender Equality Amparita Sta. Maria [email protected] Follow this and additional works at: https://archium.ateneo.edu/ateneo-school-of-law-pubs Part of the Law Commons Recommended Citation Sta. Maria, A. (2019). An Analysis of Supreme Court decisions on Rape and Sexual Assault: Assessing their compliance with the Convention on the Elimination of Discrimination against Women (CEDAW) mandate to eliminate Gender Discrimination and promote Gender Equality. In Compilation on Monitoring Research on Thematic Judicial Cases. This Article is brought to you for free and open access by the Ateneo School of Law at Archīum Ateneo. It has been accepted for inclusion in Ateneo School of Law Faculty Publications by an authorized administrator of Archīum Ateneo. For more information, please contact [email protected]. COMPILATION OF MONITORING RESEARCH ON THEMATIC JUDICIAL CASES COMPILATION OF MONITORING RESEARCH ON THEMATIC JUDICIAL CASES Copyright © 2019 by Alternative Law Groups COMPILATION OF MONITORING RESEARCH ON Published by: Alternative Law Groups, Inc. Room 216, Benigno Mayo Hall, Social Development Complex, THEMATIC Ateneo de Manila University, Quezon City, Philippines 1108 (+632) 426-6001 local 4865 or (+632) 426-8569 [email protected] www.alternativelawgroups.ph Hustisya Natin (Empowered Civil Society Participation in Monitoring Judicial and Quasi-Judicial Bodies Towards Enhanced Integrity of the Justice System) seeks to enhance the integrity of the justice system through increased accountability and transparency, and improved performance of judicial and quasi- judicial bodies. Any part of this publication may be reproduced or quoted for non-commercial purposes with appropriate acknowledgment. ISBN 978-621-8130-05-0 This publication has been produced with the assistance of the European Union. The contents of this publication are the sole responsibility of the author/s and can in no way be taken to reflect the views of the European Union. Writers Atty. Grizelda Mayo-Anda Atty. Mary Claire Demaisip Atty. Ian DJ Gencianeo Atty. Marie Hazel Lavitoria Atty. Mario Maderazo Atty. Raffy Pajares Atty. Amparita Sta. Maria Atty. Juan Carlo Tejano Atty. Alex Tejerero TABLE OF CONTENTS 1-23 77-93 Claiming Workers’ Right to Freedom of From Estribillo to Carriedo: Affirming the Association in Philippine Jurisprudence: Indefeasibility of Agrarian Reform Titles Under the A Study of Supreme Court Decisions on the Philippine Agrarian Reform Programs Principles of ILO Convention No. 87 from 2010 to 2017 PAGE 78 Introduction PAGE 79 Operation Land Transfer (OLT) under PD 27 PAGE 2 Introduction PAGE 79 Comprehensive Agrarian Reform Program PAGE 2 Freedom of Association (CARP) under R.A. 6657 PAGE 5 Recent Jurisprudence PAGE 80 Indefeasibility of Titles PAGE 17 Conclusions and Recommendations PAGE 81 Indefeasibility of EPs and CLOAs PAGE 83 Issues on the Indefeasibility of EPs and CLOAS PAGE 83 Other Threats to FBs' Land Tenure Security 24-47 PAGE 89 Conclusion An Analysis of Supreme Court Decisions on Rape and Sexual Assault: Assessing Their Compliance with the Convention on the Elimination 94-114 of Discrimination against Women (CEDAW) Mandate to Eliminate Gender Discrimination and Promote A Report on the Extrajudicial Killings in Metro Gender Equality Manila and the Access to Justice of the Victims' Families PAGE 25 Introduction PAGE 26 The Legal Framework: Definition of Rape PAGE 95 Introduction and Sexual Assault PAGE 96 Methodology PAGE 28 The Supreme Court Rulings PAGE 109 Main Report PAGE 35 A Gendered Assessment of Supreme PAGE 111 Conclusion Court Doctrines PAGE 112 Recommendations PAGE 42 Final Word 48-76 Review of the Decisions of the Supreme Court on Environmental Cases PAGE 49 Introduction PAGE 50 Nature, Objectives and Limitation of the Study PAGE 50 Highlights of the Rules of Procedure for Environmental Cases PAGE 52 Summary of Cases Reviewed PAGE 66 Findings HUSTISYA NATIN FOREWORD n 2016, we launched Hustisya Natin, As we continue our work towards an a three-year project funded by the accountable and transparent judiciary, this IEuropean Union, that envisioned to book is intended to be a reference material enhance the integrity of the justice system for lawyers, law students and the general through increased accountability and public alike. We hope that there would transparency, and improved performance be more opportunities to write materials of judicial and quasi-judicial bodies like this in the future as the topic of the in the Philippines. improvement of the justice system will always be an evolving issue. As the project comes to an end, we hope to leave a concrete contribution with this This research would not be possible publication. Experts from our partner legal- without the support of the European resource organizations have teamed up to Union and our partners: Ateneo Human work on their sectors of specialization. Rights Center (AHRC), Environmental Legal Assistance Center (ELAC), Kaisahan tungo The research found on this book aim sa Kaunlaran ng Kanayunan at Repormang to understand the underlying processes Pansakahan (KAISAHAN), Philippine and issues in five particular thematic Alliance of Human Rights Advocates cases (labor, women, agrarian reform, (PAHRA), and Sentro ng Alternatibong environment, and extrajudicial killings) Lingap Panligal (SALIGAN). that have gone through judicial and quasi- judicial procedures. It is important to look into findings on how the Supreme Court and quasi-judicial bodies ruled on these cases as it is essential in knowing how we Atty. Maria Generosa T. Mislang could further formulate policy reforms in National Coordinator the justice sector. Alternative Law Groups LABOR SALIGAN (Sentro ng Alternatibong Lingap Panligal or Alternative Legal Assistance Center) is a legal resource non-governmental organization doing developmental legal work with farmers, workers, the urban poor, women, and local communities. 1 HUSTISYA NATIN CLAIMING WORKERS’ RIGHT TO FREEDOM OF ASSOCIATION IN PHILIPPINE JURISPRUDENCE: A Study of Supreme Court Decisions on the Principles of ILO Convention No. 87 from 2010 to 2017 Saligan1 Atty. Ian DJ Gencianeo Atty. Marie Hazel Lavitoria Atty. Juan Carlo Tejano Atty. Alex Tejerero SALIGAN1 2019 A. Introduction It was originally signed on July 9, 1948, predating the Universal Declaration of Human Rights (UDHR), which he right to freedom of association is fundamental in was adopted by the United Nations General Assembly on the exercise of workers’ rights. When the Philippines December 10, 1948. As of April 2019, 155 countries, including Tratified International Labor Organization (ILO) the Philippines, have ratified the Convention.2 Convention No. 87, it committed to adopt domestic policies to attain the objectives of the Convention. While Under this Convention, both workers and employers the Philippine Constitution and various national laws have four fundamental rights: (1) the right of all workers have adopted certain measures to uphold the freedom and employers, without distinction, to establish and join of association, the Convention’s role in Philippine organizations of their own choosing without previous jurisprudence must be examined. This paper analyzes authorization;3 (2) the right of workers’ and employers’ decisions of the Supreme Court of the Philippines from organizations to freely decide on internal matters;4 (3) the 2010 to 2017, focusing on the four fundamental rights right of workers’ and employers’ organizations against under the Convention: (1) the right to organize; (2) the dissolution or suspension by administrative authority;5 and (4) right to organizational autonomy; (3) the right against the right of workers’ and employers’ organizations to establish dissolution and suspension; and (4) the right to affiliate. and join federations and confederations, as well as affiliate with international workers’ and employers’ organizations.6 While its judiciary is limited by domestic law, the Philippines recognizes international conventions and treaties, The same rights are extended to workers’ and and adopts them as part of the law of the land. As such, the employers’ federations and confederations, and the paper provides recommendations on how advocates can push acquisition of legal personality by workers’ and employers’ for their rights not only in the realm of the lawmakers and organizations, federations, and confederations may not be implementers, but also in courts as right-holders. made subject to conditions of such a character as to restrict the same rights.7 While domestic law must be respected B. Freedom of Association in exercising such rights, it may not be applied to impair these rights.8 This ensures legislative conformity of parties International instruments and the Philippine Constitution to the Convention. Meanwhile, the extent of application of the same rights to military and police personnel is left to On December 29, 1953, the Philippines ratified ILO national law and regulations.9 Convention No. 87, or the Convention Concerning Freedom of Association and Protection of the Right to Organize. HUSTISYA NATIN 2 The right to form or join organizations under the Private and public sector workers. The

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