Rights and empowerment under the Magna Carta for Women
By: Atty. Keshia Daniell L. Valencia on March 26, 2026
LONG before the enactment of the Magna Carta for Women (MCW), the late president Cory Aquino, in 1988, designated March as “Women’s Role in History” month, rationalizing that it would be fair and fitting that contributions of Filipino women be given due recognition. Filipino women have played and continue to play a critical, economic, cultural, political and social role in every sphere of the nation’s life. They also constitute a significant portion of the productive labor force.
There are several laws and issuances that also recognize and celebrate Filipino women, such as those declaring March 8 of every year as “National Women’s Day” and the last Monday of March of every year as “Women with Disabilities Day” to advocate for the protection and integration of women with disabilities into society, ensuring they receive equal rights in legal matters and across all aspects of human activity.
When the MCW was enacted into law in 2009, it solidified the government’s commitment to its obligations under the Convention on the Elimination of All Forms of Discrimination Against Women (Cedaw), to which the Philippines is a signatory.
As a form of women empowerment, the MCW mandated that, within a period of five years from enactment, there should be an increase in recruitment and training of women in the police force, forensics and medico-legal, legal, and social work services until 50 percent of the personnel are women.
The state was also mandated to implement the following so that there is proper participation and representation of Filipino women in the formulation, implementation, and even evaluation of policies and programs for national, regional and local development:
– the number of women in third-level positions in government shall be incrementally increased to achieve a 50-50 gender balance;
– at least 40 percent of membership of all development councils from the regional, provincial, city, municipal and barangay levels should be composed of women; and
– the state should take measures to encourage women’s leadership in the private sector in the form of incentives.
The MCW also promotes equal access and elimination of discrimination in education, scholarships and training, emphasizing that expulsion, non-readmission, prohibiting enrollment and other related discrimination of women students and faculty due to pregnancy outside of marriage are prohibited.
Another salient feature is gynecological leave found under Section 18, which provides that “a woman employee having rendered continuous aggregate employment service of at least six months for the last 12 months shall be entitled to a special leave benefit of two months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.”
Under Section 18, women employees, both in the public and private sectors, are entitled to this benefit regardless of age and civil status. For those in the private sector, they can avail of the benefit if they have been with the company for the last 12 months and rendered at least six months of continuous service.
It must be noted, however, that in the public sector, the requirement of at least six months of continuous service will still be satisfied even if the women employee rendered service in various government agencies.
As for the term “employment service,” this was clarified as including absences with pay such as use of mandated leaves, company-granted leaves and maternity leave and authorized sick leave without pay.
The term “gross monthly compensation” as basis for the computation of the full pay refers to the monthly basic pay plus mandatory allowances fixed by law or the regional wage board.
The term “gynecological disorders” pertains to disorders that would require surgical procedures such as, but not limited to, dilation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor. Gynecological surgeries also include myomectomy, hysterectomy, ovariectomy and mastectomy.
It must be emphasized that this special leave benefit can be availed more than once or for every instance of surgery due to gynecological disorder but for a maximum of two months or 60 calendar days per year. Any excess will be charged to the employee’s earned leave credits and other mandated leave benefits.
From the foregoing, it is apparent that the Philippines is significantly recognizing the presence and contribution of the role of Filipino women in nation-building. While the MCW already seeks to eliminate discrimination through recognition, protection and promotion of the rights of Filipino women, the state should still play an active role in ensuring that there is fundamental equality before the law between women and men as mandated by the Constitution.
Keshia Daniell L. Valencia is an Associate of Mata-Perez, Tamayo & Francisco (MTF Counsel). This article is for general information only and is not a substitute for professional advice where the facts and circumstances warrant. If you have any question or comment regarding this article, you may email the author at info@mtfcounsel.com or visit MTF website at www.mtfcounsel.com.
The article was published at the More to Follow Column at The Manila Times on March 26, 2026. Please see this link.