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RA 9710 · Magna Carta of Women

Magna Carta of Women Philippines: What RA 9710 Actually Guarantees You

Donna, 28, told her HR supervisor she was pregnant. Two weeks later, she was called into a meeting and told her position was being "restructured." She was handed a resignation form with a separation pay offer and told it would be "better for everyone" if she signed. She almost did.

What her employer did is illegal under RA 9710 — the Magna Carta of Women — signed in 2009. This law covers everything from pregnancy discrimination to equal pay to the right of a pregnant student to stay in school. Most Filipinos have heard of it, but few know what it actually says. Here is the plain-language version.

Your rights, simply: RA 9710 prohibits firing, demoting, or forcing resignation because of pregnancy. It mandates equal pay for equal work regardless of sex. Pregnant students cannot be expelled. The 10-day paid VAWC leave applies. These rights cover all employers — private and public — and all educational institutions in the Philippines.

01 / 05

What the Magna Carta of Women actually covers

Republic Act No. 9710, signed by President Arroyo on August 14, 2009, is a comprehensive human rights law for Filipino women. It was built on the framework of the UN Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which the Philippines ratified in 1981. The Magna Carta goes beyond the workplace — it covers education, health, politics, and housing.

02 / 05

Employment rights — pregnancy, pay, and promotion

The Magna Carta's employment provisions are the ones most Filipinas encounter directly. Section 17 is the core: it prohibits discrimination in hiring, promotion, training, benefits, or any term or condition of employment on the basis of sex. Here is what that means in practice.

Legal reference

  • Anti-discrimination in hiring

    Anti-diskriminasyon sa pagkuha ng trabaho

    Employers cannot refuse to hire a woman because of her sex, marital status, or pregnancy. Job ads cannot specify 'single only' or 'no pregnant applicants.'

    From job posting to onboarding — any stage where pregnancy or sex is used to screen applicants

  • Anti-pregnancy dismissal

    Proteksyon sa buntis

    Terminating, demoting, or constructively dismissing a woman because of pregnancy is illegal. 'Constructive dismissal' includes making conditions so unbearable she feels forced to resign.

    From the moment pregnancy is disclosed to return from maternity leave — any adverse employment action tied to pregnancy

  • Equal pay for equal work

    Pantay na sahod para sa pantay na trabaho

    Women and men performing substantially the same work must receive the same pay. Differences based solely on sex are prohibited.

    For all compensation: base pay, allowances, benefits. Legitimate differentiators like seniority and merit are allowed; sex is not.

  • Equal access to promotion and training

    Pantay na access sa promosyon

    Women cannot be passed over for promotion or training opportunities because of sex or family status. Maternity leave does not forfeit promotion eligibility.

    Performance reviews, promotion cycles, and training nominations during and after pregnancy

03 / 05

Education, health, and reproductive rights

Beyond work, RA 9710 protects women in school, in healthcare, and in political life. These rights are less known — but just as enforceable.

  • —Right to education during pregnancy (Sec. 13): No school — public or private — can expel, exclude, or pressure a pregnant student to leave. This applies from elementary to college. The school must allow the student to take a leave of absence and return to complete her studies.
  • —Reproductive health access (Sec. 17): Women have the right to access reproductive health services. RA 9710 references the broader framework of RA 10354 (Responsible Parenthood and Reproductive Health Law) for specifics — but the baseline right to information and access is established here.
  • —Women in government (Sec. 25): The law sets a target of at least 40% women in third-level government positions. Government agencies are required to develop gender and development programs (GAD) with a dedicated budget of at least 5% of their total appropriations.
  • —PhilHealth and SSS coverage improvements: Women listed as dependents under PhilHealth retain coverage. RA 9710 reinforces the right of separated or abandoned women to maintain their social protection coverage independent of their spouse's membership.

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The 10-day VAWC leave — how to actually claim it

RA 9710 reinforces the 10-day paid leave for VAWC victims established under Section 43 of RA 9262. This leave is separate from your sick leave and vacation leave — it cannot be deducted from either. You use it for: attending hearings, getting medical or psychological treatment, securing alternative housing, or any other action needed to address the violence.

05 / 05

Who enforces RA 9710 — and how

The Philippine Commission on Women (PCW) is the lead monitoring agency for RA 9710. But the day-to-day enforcement depends on the type of violation:

  • —Workplace discrimination → DOLE Regional Office (SEnA process, then NLRC for unresolved claims)
  • —Government employment discrimination → Civil Service Commission (CSC)
  • —School-related discrimination → DepEd (basic ed) or CHED (higher ed)
  • —Criminal violations → Office of the City or Provincial Prosecutor
  • —Human rights violations by government actors → Commission on Human Rights (CHR)
Browse all Women & Children Rights articles →

Mandatory section

For OFWs / Para sa OFW

Filipina OFWs working abroad are not covered by RA 9710 while employed overseas — their host country's labor laws govern. But RA 9710 comes back into full force the moment they return to Philippine employment or education.

  • —Returning OFW women who re-enter the Philippine workforce are protected by RA 9710 from day one of their new employment. A prospective employer cannot discriminate based on the fact that they worked abroad, have dependents, or are a single parent.
  • —OFW spouses in the Philippines who are pregnant while their partner is deployed retain all RA 9710 rights in their own employment. A deployment certificate is not a reason for an employer to treat a pregnant employee differently.
  • —POLO (Philippine Overseas Labor Office) offices at Philippine embassies abroad can advise on equivalent rights under host country laws and connect OFW women with OWWA's repatriation and reintegration programs if they face gender-based workplace abuse abroad.
  • —Filipina OFWs who experience pregnancy-based discrimination from Philippine recruitment agencies — during deployment processing, contract renewal, or repatriation — can file with DOLE and the DMW (Department of Migrant Workers). Recruitment agencies are bound by RA 9710.

Real Filipino scenario

Donna Reyes, BPO team supervisor

Bonifacio Global City, Taguig

Donna, 28, is a team supervisor at a BPO in BGC earning ₱55,000 a month. She disclosed her pregnancy to HR at 10 weeks. Two weeks later, she was called into a meeting and told her position was being 'restructured due to business needs.' She was offered 3 months separation pay and a resignation form. Her male colleagues in equivalent positions were not restructured. She felt pressured but didn't sign.

Donna's situation is constructive dismissal tied to pregnancy — illegal under Section 17 of RA 9710 and the Labor Code. The timing (two weeks after pregnancy disclosure), the lack of restructuring affecting male equivalents, and the pressure to sign a resignation form are all red flags. Donna does not sign the form. She takes screenshots of her payslips, the restructuring memo, and her pregnancy disclosure email. She files a Request for Assistance at DOLE National Capital Region under SEnA, citing RA 9710 and Article 118 of the Labor Code. The SEnA process results in a settlement where the company reinstates her position or pays full back wages and damages in lieu of reinstatement. If SEnA fails, she escalates to NLRC.

What Donna Reyes should do

  1. Do not sign any resignation form under pressure — you have the right to refuse
  2. Document everything: screenshot the pregnancy disclosure, the restructuring memo, payslips, and any HR communications
  3. File a Request for Assistance at DOLE Regional Office under SEnA — it's free and no lawyer is required
  4. Cite RA 9710 Section 17 and Labor Code Article 118 (prohibition of retaliatory acts) in your complaint
  5. Contact PAO (Public Attorney's Office) for free legal representation if you escalate to NLRC

What most Filipinos get wrong about this

MythThe Magna Carta of Women only applies to government workers.

Truth: RA 9710 applies to all employers — private companies, government agencies, educational institutions, and NGOs. The law uses the phrase 'all sectors' and the Implementing Rules cover every workplace with female employees. A BPO, a bank, a sari-sari store, and a government bureau are all bound by the same rules.(RA 9710, Sec. 17 & IRR)

MythA pregnant employee can be placed on unpaid leave until she gives birth.

Truth: Illegal. Placing a pregnant employee on unpaid leave, demoting her, reducing her pay, or changing her work conditions because of her pregnancy is discrimination under RA 9710 and the Labor Code. She retains the same work status she had before the pregnancy was disclosed. Maternity leave is a separate right under RA 11210 — it does not allow employers to sideline her during the pregnancy itself.(RA 9710, Sec. 17; RA 11210)

MythThe Magna Carta of Women only covers physical discrimination — like separate comfort rooms.

Truth: RA 9710 covers far more: equal pay, equal access to employment and promotion, freedom from sexual harassment, the right to education regardless of pregnancy, reproductive health access, political participation, and protection from gender-based violence. It is a comprehensive human rights law, not a facilities checklist.(RA 9710, Secs. 13, 17, 22, 25)

What to do if your rights under RA 9710 are violated

  1. Document the discrimination immediately

    Save emails, memos, text messages, and any written or verbal communication where your employer links your pregnancy (or gender) to a change in your employment status. Screenshot your payslips if you suspect a pay gap. Dates and specifics matter — write them down while they're fresh.

  2. File a complaint at DOLE's Regional Office

    For workplace discrimination related to pregnancy or unequal pay, file a Request for Assistance through DOLE's Single Entry Approach (SEnA). It's free, no lawyer required, and mandates a 30-day conciliation process. Bring your documentation: employment contract, payslips, and the written evidence of discrimination.

  3. Report to the Philippine Commission on Women (PCW)

    The PCW is the lead agency for implementing RA 9710. They receive reports of Magna Carta violations and can coordinate with DOLE, CSC (for government), or DepEd/CHED (for schools). Contact: pcw.gov.ph or call (02) 8532-1700.

  4. File a criminal complaint at the City Prosecutor's Office

    RA 9710 Section 40 prescribes criminal penalties for willful violations. For serious violations — like firing a pregnant employee — you can file a complaint directly with the Office of the City or Provincial Prosecutor. PAO (Public Attorney's Office) provides free legal representation for women who cannot afford a lawyer.

  5. Contact CHR for human rights violations

    The Commission on Human Rights has jurisdiction over RA 9710 violations as gender-based human rights issues. You can file a complaint at CHR regional offices or through chr.gov.ph. CHR can also issue orders requiring government actors to comply.

Frequently asked questions

Can my employer fire me because I'm pregnant?

No. Terminating, demoting, or forcing a resignation from an employee because of pregnancy is illegal under both RA 9710 (Magna Carta of Women, Sec. 17) and RA 9262 (for harassment related to pregnancy). A pregnant employee retains full security of tenure. If your employer calls it 'redundancy' or 'performance issues' but the timing lines up with your disclosure of pregnancy, that is a red flag — document everything and file with DOLE.

Does the Magna Carta of Women apply to private companies?

Yes. RA 9710 applies to all employers — public and private — as well as educational institutions. It is not limited to government. Private sector employers are bound by the anti-discrimination and equal pay provisions just as government offices are. The Implementing Rules and Regulations clarify that all employers with female employees must comply.

What is 'equal pay for equal work' exactly?

Section 22 of RA 9710 prohibits salary differences based solely on sex. If a woman and a man perform substantially the same job with the same qualifications and performance, they must receive the same pay. The key word is 'substantially' — you don't need an identical title, just comparable duties and responsibility. Pay differences based on legitimate factors like seniority or merit are allowed, but gender alone is not a valid basis.

Can a school expel a student for being pregnant?

No. Section 13 of RA 9710 prohibits educational institutions from expelling or excluding a student based on pregnancy. This applies to basic education and higher education alike. The implementing rules also prohibit schools from using 'voluntary resignation' pressure on pregnant students. A pregnant student has the right to continue her education, request accommodations, and take leaves of absence without academic penalty.

How is the 10-day VAWC leave under RA 9710 different from the one in RA 9262?

It is the same benefit — Section 43 of RA 9262 creates the 10-day paid VAWC leave, and RA 9710 reinforces and reaffirms it as part of the broader framework of women's rights. Both laws point to the same entitlement: 10 paid days per year for VAWC victims to attend court hearings, get medical attention, move to safety, or address any VAWC-related need. You claim it the same way under either law.

Sources

  1. 01.Republic Act No. 9710 (Magna Carta of Women, Sections 13, 17, 22, 25, 40, August 14, 2009, officialgazette.gov.ph)
  2. 02.Implementing Rules and Regulations of RA 9710, Philippine Commission on Women (PCW, pcw.gov.ph)
  3. 03.DOLE Department Order No. 147-15 — Clarificatory Guidelines on Labor Standards for Women, dole.gov.ph

About the author

Written by Irvin Abarca with research support from Claude AI. Irvin is the founder of BatasKo, based in Dumaguete City.