PROPOSED MUNICIPAL ORDINANCE NO. 2023 - 005

Authored By: Hon. Angeza Mae A. Tamayo

Committee Chairwoman

Social Services, Women and Family

Gender and Development Code of Atimonan, Quezon

CHAPTER I – GENERAL PROVISIONS

ARTICLE I

Title, Statement of Policy and Definition of Terms

SECTION 1. Title – This ordinance shall be known and cited as the “Gender and Development Code of Atimonan, Quezon” hereinafter referred to as the GAD CODE.

SECTION 2. Statement of Policy. This Code is an indelible blueprint – a concrete manifestation of the Atimonan Government’s strong adherence to the time-honored democratic tenet that men and women in a civil society are equal. This significant initiative is aimed at mainstreaming women’s concern, ensure the fundamental equality of men and women before the law, open a wider arena for their active participatory role in the development process, for equal rights and opportunities.

            Moreover, this Code is not only substantially supported by legal basis, international and national laws. It is likewise backed up by biblical and moral basis. The Book of Genesis says that God created a women not from the head of man so as not to prevail upon him neither from the feet so as not be subordinated by him, but from one of the ribs so as to be equal with him.

2.1. Mandates and Legal Basis.

            GAD Code is in line with the existing national laws and local ordinances as its legal basis including but not limited to the following:

A.   The 1987  Philippine Constitution

     Article 11 Section 14 of the 1987 Philippine Constitution, “The State recognizes the role of women in nation building and shall ensure the fundamental equality before the law of women and men;

B.    National Laws - in the effort of the Municipality of Atimonan to fight and eradicate gender-based violence in the municipality, the following shall be undertaken and enforced;

1.     Republic Act No. 9262 or the “Anti-Violence against Women and Their Children (VAWC) Act of 2004

The only law protecting women against intimate (sexual) partner abuse. It accepts the “battered women syndrome” as a valid defense in court. The law makes it possible to issue temporary or permanent protection orders at the barangay level.

It also clearly identifies the duties of barangay officials, law enforcement officers, prosecutors, court personnel, health care providers, and other government agencies and local government units to provide the necessary support services to victims of violence against women and their children;

2. Republic Act No. 8353 or the “Anti-Rape Law of 1997

The law redefines rape as a crime against persons and broadens the meaning of rape to include having “carnal knowledge” of a woman under certain circumstances and/or committing Municipal Ordinance No. 378 Series of 2023 (RV or Rape Ordinance Comprehensive Ordinance of Atimonan, Quezon) 7 acts of sexual assault, such as inserting objects into the genital or anal orifices. It notes that rape can occur without penile penetration, and it also recognizes marital rape and revokes the earlier notion of sexual obligations in marriage;

3. Republic Act No. 9208 or the “Anti -Trafficking in Persons Act of 2003

l  An Act to institute policies to eliminate trafficking in persons especially women and children, establishing the necessary institutional mechanisms for the protection and support of trafficked persons, providing penalties for its violations, and for other purposes;

4. Republic Act No. 7877 or the “Anti-Sexual Harassment Act of 1995

l  a person who has authority, influence, or moral ascendancy over another and       who     demands,        requests, or otherwise requires sexual favors is guilty of          committing    sexual harassment, whether or not the demand is accepted or not;

5. Republic Act No. 7610 or the “Special Protection of Children against Abuse, Exploitation, and Discrimination Act

l  An act providing for stronger deterrence and special protection against child abuse, exploitation and discrimination, providing penalties for its violation and for other purposes;

6. Republic Act No. 11313 or the “Safe Spaces Act”

l  An act defining gender-based sexual harassment in streets, public spaces, online, workplaces, and educational or training institutions, providing protective measures and prescribing penalties therefore;

7. Republic Act No. 8505 or the “Rape Victim Assistance and Protection Act

l  An act providing assistance and protection for rape victims, establishing for the purpose a rape crisis center in every province and city, authorizing the appropriation of funds therefor, and for other purposes;

8. Republic Act No. 9775 or the “Anti-Child Pornography Act of 2009

An act defining the crime of child pornography, prescribing. Penalties therefor and for other purposes;

9. Republic Act No. 9995 or the “Anti-Photo and Video Voyeurism Act of 2009

l  Geared towards the prohibition of taking photo or video coverage of a person or group of persons performing sexual act or any similar activity or to capture an image of the private area of a person/s such as the naked or undergarment clad genitals, public area, buttocks or female breast without the consent;

10. Republic Act No. 6725 or An Act Strengthening the Prohibition on Discrimination Against Women with Respect to Terms and Conditions of Employment;

l  prohibited employers' discrimination against female employees, with respect to terms and conditions of employment, solely on account of their sex;

11. Republic Act No. 6955 or An Act strengthening the Prohibition on Discrimination against women with respect to terms and conditions of employment, amending or the purpose Art. 135 of the Labor Code as amended;

l  declare unlawful, and thus provide for penalties for, the practice of matching Filipino women for marriage to foreign nationals on a mail-order basis and similar practices;

12. Republic Act 7192 or An Act the Integration of Women as Full and Equal Partners of Men in Development and Nation Building  and for the other purposes;

l  The intent of the Act is to promote the integration of women as full and equal partners with men in development and nation building. The National Economic and Development Authority is given primary responsibility for carrying out the purposes of the Act;

13. Republic Act No. 7322 or An Act Increasing  Maternity Benefits in favor of women workers in the private sector, amending for the purposes Sec. 14-A of RA 1161, as amended, and for other purposes;

l  The maternity leave benefits was increased from 45 days to 60 calendar days for a normal delivery and 78 days in the case of a Caesarean operation;

14. Republic Act 7877 or An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and for other purposes;

l  Under RA 7877, work, education, or training related sexual harassment is... A person who directs or induces another person to commit any act of sexual harassment or who cooperates to commit the act, without which the said act would not have been committed, will also be held liable under the law;

15. Republic Act 8042 or Migrant Workers and Overseas Filipinos Act of 1995

l  Further Improving The Standard Of Protection And Promotion Of The Welfare Of Migrant Workers, Their Families And Overseas Filipinos In Distress, And For Other Purposes;

16. Republic Act 8353 or An Act Expanding the definition of the Crime of Rape, Reclassifying the same as a crime against persons, amending for the purpose  R.A. No. 3815 as amended, otherwise known as the Revised Penal Code and for other purposes;

17. Republic Act 8972 or also known as an Act providing for the benefits and privileges to Solo Parents and their Children;

1. Local Ordinances:

18. RV or Rape Victim Comprehensive Ordinance of Atimonan, Quezon - This municipal ordinance provide a comprehensive support and assistance to the victims

of abuse, specifically on sexual abuse. From providing an Oasis Center, to medico-legal assistance and psychological treatment. This also involves the Barangay on the eradication of sexual violence on the Municipality of Atimonan, Quezon;

19. Municipal Ordinance No. 2022-372 or known as An Ordinance Granting One-time cash incentive award of Ten Thousand Pesos (10,000) to any senior citizen who reached the age of ninety years old (90 years old) upon the effectivity of this Ordinance and shall be called as the “Nonagenarian Ordinance of Atimonan, Quezon. This Municipal Ordinance would like to honor the Residents of the Municipality who reached 90-99 years old through the provision of one-time cash incentive among other things that the Nonagenarian will get;

20. Municipal Ordinance Ordinance No. 2022-371 or known as a Simeona Mangaba Centenarian Award. Providing a one-time cash incentive amounting to Fifty Thousand Pesos (50,000) and Letter of Felicitation from the Municipal Mayor

21. Municipal Ordinance No. 2023-376 or known as the Amended Children’s Code of Atimonan, Quezon

22. Municipal Ordinance No. 2023-375 or known as the Solo Parent Welfare Ordinance of Atimonan, Quezon. This Ordinance aims on institutionalizing the Programs, Services, Privileges and Benefits for Solo Parents and their Child(ren) and appropriating funds thereof and for other purposes pursuant to Republic Act 8972, otherwise known as the Solo Parent Act of 2000;

23. Amended Children’s Code of Atimonan, Quezon

SECTION 3. Rights of Women. Every Woman has the Right:

a)     To good and quality education.

b)     To comprehensive health care services.

c)     To access loans and other forms of financial credit.

d)     To join leisure, sports, cultural activities, spiritual/religious freedom of speech/to express one’s views/beliefs for the common good.

e)     To share parenting responsibilities.

f)      To gain spiritual/religious freedom of speech and to express one’s views/beliefs for the common good.

g)     To have equal access to jobs, benefits, and social security.

h)    To be paid equality based on the work she does.

i)      To be free from all forms of slavery and prostitution.

j)      To voted, run for election and hold public office.

k)     To represent the country internationally.

In the Philippines 99.5% of the entire population hold biases against women, specifically: 99.33% of all men, and 99.67% of all women, based on the report of WVS (World Values Survey) data from 2017 to 2022 presented by the United Nations Development Programme (UNDP)’s Study. Oftentimes, women are exploited and pleasing fixtures, products would be less appealing. But in reality, women should not be viewed as second class to men but as partners of men in the development of society.

In light of these historical gender biases, inequalities and inequities, this piece of local legislation, based from national and international laws, will provide the Local Government a policy direction to formulated programs and strategies, among other, that will:

1.   GAD Programs / Support Services covers the following areas:

                                      i.           Political Empowerment and representation of women in decision-making process

                                    ii.          Socio-Cultural Opportunities

l  Health

l  Education

l  Justice

l  Violence Against Women (VAW)

                                  iii.           Economic benefits and Opportunities             

l  Labor Employment

l  Environment

l  Agriculture

l  Infrastructure and Information and Technology

2.   Programs that respond specific gender issues of the locality (such as Rape, Trafficking, Incest and Child Labor, etc.)

3.   Programs that respond to gender issues of marginalized groups such as

l  Women

l  Minors

l  Differently-abled Atimonanin

l  Indigenous People

l  Senior Citizens

l  Persons in armed conflict situation (if any)

SECTION 4. Definition of Terms. – The following terms or phrases used in this code shall mean as follows:

1.     Violence against women and their children (VAWC), as sued in Republic Act. No. 9262, refers to any act or a series of acts committed by any person against a woman with whom the person has or had a sexual or dating relationship, or with whom he has a common child, or against her child whether legitimate or illegitimate, within or without the family abode, which result in or is likely to result in physical, sexual, psychological harm or suffering, or economic abuse including threats of liberty. It includes, but is not limited to, the following acts;

A.   “Physical violence” refers to acts that include bodily or physical harm;

B.    “Sexual violence” refers to an act which is sexual in nature, committed against a women/men or her/his children. It includes, but is not limited to:

i.      Rape, Sexual harassment, Acts of Lasciviousness, treating a woman or her child as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the victim’s body, forcing her/him to watch obscene publications and indecent shows or forcing the woman or her child to do indecent acts and/or make fills thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep together in the same room with the abuser;

ii.    acts causing or attempting to cause the victim to engage in any sexual activity by force, threat of force, physical or other harm or threat of physical or other harm or coercion;

iii.  Prostituting the woman and men.

C.    Rape - shall be defined pursuant to Article 266-A of the Revised Penal Code, as amended by RA 8353, as a crime against persons committed as follows:

1.     by a man who shall have carnal knowledge of a woman under any of the following circumstances:

                                           i.      through force, threat, or intimidation;

                                         ii.     when the offended party is deprived of reason or otherwise unconscious;

                                       iii.      by means of fraudulent machinations or grave abuse of authority; and

                                       iv.      iv. when the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;

2.     by any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into genital or anal orifice of another person.

D.   “Psychological violence” refers to acts or omissions causing or likely to cause mental or emotional suffering of the victim such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse and marital infidelity. It includes causing or allowing the victim to witness the physical, sexual or psychological abuse of a member of the family to which the victim injury to pets or to unlawful deprivation of the right to custody and/or visitation of common children.

E.    “Economic abuse” refers to acts that make or attempt to make a woman financially defendant which includes, but is not limited to the following:

1.     Withdrawal of financial support or preventing the victim from engaging in any legitimate profession, occupation, business or activity, except in cases wherein the other spouse/partner objects on valid, serious and moral grounds as defined in Article 73 of the Family Code;

2.     Deprivation or threat of deprivation of financial resources and the right to the use and enjoyment of the conjugal, community or property owned in common;

3.     Destroying household property;

4.     Controlling the victim’s own money or properties or solely controlling the conjugal money or properties.

F.    “Battering” refers to an act of inflicting physical harm resulting to physical and psychological or emotional distress to an individual regardless of its age and sex.

G.   “Stalking” refers to an international act committed by a person who, knowingly and without lawful justification follows the woman or her child or places the woman or her child or places the woman or her child under surveillance.

H.   “Dating relationship” refers to a situation wherein the parties live as husband and wife without the benefit of marriage or are romantically involved over time and on a continuing basis during the course of the relationship. A business or social context is not a dating relationship.

I.      “Sexual relations” refers to a single sexual act which may not result in the beasing of a common child.

J.      “Atimonan Oasis Center” refers to any home or institution maintained or managed by the Municipal Social Welfare and Developmen Officet (MSWDO) fornthe purposes of Republic Act 7160 or any other suitable place the resident or which is willing temporarily to receive the victim;

K.   Children” refer to those below eighteen (18) years of age or older but are incapable of taking care of them as defined under Republic Act. No. 7610 (Special Protection of Children Against Child Abused, Exploitation, and Discrimination). It includes the biological children of the victim and other children under her care.

2.     Work, Education or training-related Harassment, as defined in Republic Act No. 7877, is committed by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainer, or any other person who having authority, influence or moral ascendancy over.

Another in a work or training or education environment, demand, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.

a.) In a work-related or employment environment, sexual favor is committed when:

l   The sexual favor is made as condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor result in limiting, segregating or classifying the employee which in any way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;

l   The above acts would impair the employee’s rights or privileges under existing labor laws; or employee;

l  The above acts would result in an intimidating, hostile or offensive environment for the employee.

b.) In an education or training environment, sexual harassment is committed:

1.     Against one who is under the care, custody or supervision of the offender;

2.     Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;

3.     When the sexual favor is made a condition to the giving of a passing grade, or the granting or honors and scholarships or the payment of a stipend, allowance or other benefits, privileges, or considerations; or

4.     When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice;

Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed shall also be held liable as provided for by Republic Act 7877.

3.     “Benefit Dance/Disco/Activities” refers to a dance party, fashion shows in the locality where women are commodified for fund raising purposes.

4.     “Collateral relatives” next of kin who are not in the direct line or inheritance such as cousin.

5.     “Commodification of Women” is a practice, which puts women in a subordinated situation, which results in the treatment of women as both consumers and objects of consumption. As consumers, women are allured to buy beauty products to enhance their physical attractiveness. As objects of consumption, women are reduced to a sexual commodity.

6.     “Persons with disability” are those with physical or mental impairments that have differentiated needs and potential;

7.     “Feminization of Poverty” a condition when gap between the rich and the poor widens and grassroots women bear the brunt as in economic instability and unequal distribution of wealth. Such gap reinforces non-response to both practical and strategic needs of grassroots women.

8.     “Fund Raising Initiatives” refers to the activity, whether in whole or in part, integrated in any raffle draw, benefit or disco dance, premiers showing of movies, or any similar fund-raising undertakings where women are used as donor prize, substituted for cash prize won, a companion package for an award, prize or recognition, or any manner, activity, come-on display, or exhibit which depicts a woman as central, partial, or special focus in order to raise funds.

9.     “Sex” refers to the natural distinguishing variable based on biological characteristics of being a male and a female; also refers to the physical attributes pertaining to a person’s body contours, fearures, genitals, hormones and reproductive organs;

10.  “Gender” means a state of being masculine, feminine, and neuter.

11.  “Gender Equality” is the role required or expected of women and men as prescribed by society.

12.  “Gender-Based Violence”   refers to any type of harm that is perpetrated against a person or group of people because of their factual or perceived sex, gender, sexual orientation and/or gender identity

13.  “Gender mainstreaming” strategy of integrating gender and development concerns and issues at all levels of government undertaking.

14.  “Gender Perspective” way of viewing issues and problems that take into consideration the different realities of women’s and men’s live, and recognizing that there is an unequal relationship between the two.

15.  “Gender-Sensitive” having an understanding of the marginalized position of women and consciously challenging the attitudes and behavior that reinforce women’s subordinate status.

16.  “Gender Sensitization” is an experiential and critical process of learning and unlearning by an individual, female or male, of the causes and effects of the culturally determined roles of women as sex objects.

17.  “Indecent Shows” are shows which include nude or other provocative gestures which further project and exhibit men and women as sex objects.

18.  “Pornography” written, graphic or other forms of communications intended to excite lascivious feelings (The Grolier International Dictionary, vol. 2).

19.  “Prostitution” is the sale, purchase and exchange of women, men and minors for sexual exploitation cash profit or other economic considerations by an individual, including but not limited to the pimp, procurer of the service, parents, owners of establishments, such as disco, bars, sauna bath, massage clinics, hotels and restaurants, and any other person who use various schemes to prostitute women and minors.

20.  “Reproductive Health” as defined in the International Conference on Population and Development and World Health Organization and affirmed in Beijing Conference, reproductive health is a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity, in all matters relating to the reproductive system and to its function and process.

ARTICLE II

Gender Development Programs

SECTION 5. Gender Sensitivity Orientation and Training. All schools, offices, establishments or companies, departments and agencies within the Municipality of Atimonan, Quezon shall be provided with gender sensitivity orientation and training to equip them with theoretical and practical knowledge on gender issues and concerns.

            Likewise, all establishments, schools and colleges shall develop assessment tools for gender-related researches/studies.

SECTION 6. Education on Laws and Policies addressing gender-based violence.  The Municipality of Atimonan, Quezon shall provide education on laws and policies addressing gender-based violence, which consists of but not limited to the following conduct of Public Information on Gender-based violence to strengthen the awareness of men and women, boys and girls on gender-based violence through comprehensive information and education campaigns with close coordination to Civil Society  Organization Groups

                        6.1 Expand Program to educate and involve men in gender-based violence;

                        6.2 Continuously develop the capacity  of service providers and front liners in handling cases of trafficking in persons and violence against women through their attendance in training  and other capability development activities, and;

                        6.3 Conduct capability development activities for Barangay Officials on Gender-based violence, especially in handling Trafficking in Person (TIP) and Violence and Women and Children (VAWC) cases on an annual basis;

 SECTION 7. Promotion of Gender-Fair Materials. There shall be an active promotion and publication of gender-fair materials or IEC (Information, Education and Communication) materials  especially in schools and barangay within the municipality;

SECTION 8. Integrated Gender-Sensitive and Environment Friendly Zonification Plan. An integrated Gender-Sensitive and Environment-Friendly Zonification Plan of the Municipality of Atimonan shall be established taking into consideration among other, the following:

a.     Relocation of communities shall not deprive anyone of their sources of livelihood;

b.     Relocation sites shall not contribute to an increase in anyone’s burden in economic, home and social production;

c.     Housing and industrial project sites shall be those unproductive lands unsuitable for agricultural purposes or reclassified from Agricultural Land to Residential.

SECTION 9. Community-based Environment Plans and Programs. All gender shall participate in pollution control, zero-waste technology development and management, preservation of the forest, marine and aquatic resources and indigenous reservation with due respect for the indigenous people and rights to self-determination. Gender-Sensitive Natural Resource-based Management Programs. The Municipal Government shall engage itself in the development of gender sensitive natural resource based management programs.

SECTION 10. Gender-fair role in environment impact Assessment Projects. The Municipal Government shall actively promote the active role of gender-fair individuals and groups  in environment impact assessment projects. All government and private offices, facilities, physical plan must be gender responsive certificate from MGAD and PGAD Office.

SECTION 11. Promotion of Alternative Technology. The Municipal Government shall actively promote an alternative technology that is appropriate and safe for everybody’s well-being.

SECTION 12. Sufficient Budget for Basic Social Services. An amount necessarily to support the basic social services for all in extremely difficult circumstances shall be allocated from any available source of funds.

SECTION 13. Investment and Loans. The Municipal Government, through the Municipal Gender and Development (MGAD) Council shall conduct consultative assemblies to all PO’s, GOs and NGOs in establishing contracts for loans and investments to clarify implications on people’s welfare and development at the municipal or barangay level.

SECTION 14. Support Overseas Filipino Worker’s (OFWs). The Municipal Government shall conduct a survey of overseas contract workers, especially those who became survivors of abuses, results of which shall serve as basis in identifying special support to all OFWs; and take the list of legitimate placement agencies for monitoring purposes.

            Special Course on OFWs. In coordination with Department of Labor and Employment, special course on overseas contract work primarily to orient OFWs on the issues and concerns relative to migration shall be systematically introduced to all especially at the municipal level.

SECTION 15. Education on National Policies. Women and men shall undertake education on national policies and their implications on women and family.

SECTION 17. Training on Non-Traditional Occupation. Women shall be given opportunity to acquire training on non-traditional occupation such as those related matters.

SECTION 18. Incentive and Award System. The annual search for Outstanding Barangay Gender and Development Council (MGAD) ascertains and gives due recognition to those MGADCs that have made the most headway in attaining the goal in handling gender equality of men and women in the province.

ARTICLE III

Support Services

SECTION 19. Support to Gender-based Victims & Survivors of Violence. The Municipal Government of Atimonan, Quezon shall provide necessary support to Gender-based survivors of violence, which consist of but is not limited to the following:

1.       Through Atimonan Oasis Center:

a)     Providing rape victims with psychological counselling, medical and health services, including their medico-legal examination;

b)     Securing free legal assistance or service, when necessary, for rape victims;

c)     Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of cases in court;

d)     Ensuring the privacy and safety of rape victims;

e)     Providing psychological counseling and medical services when necessary for the family of rape victims;

f)      Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender sensitivity and legal management of rape cases; and

g)     Adopting and implementing programs for the recovery of rape victims;

Upon the receipt by the police of the complaint, it shall be the duty of the police officer to:

a)     Conduct appropriate investigation in collecting other evidence necessary for the filing of the case;

b)    Refer victim to the nearest hospital or medical facilities for appropriate medico-legal examination;

c)     Ensure the confidentiality or identity of the victim and all other parties directly involved with the case under investigation;

d)    Refer the victim to MSWDO for the LG, any available MSWD shelters, NGO’s and other services providers for Psycho-social Intervention and other rehabilitation programs;

e)     Forward complaint sheet, investigation report, together with the relevant evidences, including the formal statement of the witnesses and result of medico-legal examination for the prosecutor for filing of appropriate criminal complaint.

f)       

SECTION 20. Men Opposed to VAW Everywhere (MOVE). MOVE is an organization of men who committed themselves to be actively involved in the elimination of VAW. It is also a group of caring, pro-active and principled men who are dedicated to the cause of making the Municipality of Atimonan free from VAW. MOVE members are men from various organizations, including the government, private sector, academe and non-government organizations. 

MOVE specifically seeks to:

a) speak out against VAW;

b) examine, propose and formulate total male involvement and actions in the elimination of VAW;

c)  form partnerships and linkages with similar groups working on VAW, locally and internationally;

d)  organize and conduct researches, studies and fora in recognition of the social effects of VAW for policy and program development; and

e) establish resource network on VAW. 

SECTION 21. Women and Children’s Desks (WCDs). The Local Government Unit of Atimonan, through the Municipal Police Officer, shall establish and maintain the WCDs preferably handled by Women Police Officers duly trained by GAD personnel to specifically handle concerns of women and children the police stations shall have separate WCD room within the police station.

SECTION 22. Strengthening Violence Against Women and Children (VAWC) Desk Officers in the Barangay.Section 46, Rule VIII of RA No. 9262 (Anti-Violence Against Women and Their Children Act of 2004) provides that all Barangay Officials shall have an Anti-VAW Desk Officer in the barangay who shall coordinate a one-stop help desk.

The Local Government of Atimonan Quezon, through the Municipal Social Welfare Development Office (MSWDO), shall ensure the functionality of Violence Against Women and Children Desk in every Barangay within the jurisdiction of the Municipality. It shall equip the VAWC Desk Officers the technical capacity on ensuring that the cases filed are fully addressed in a confidential manner;

22.1 Rights of a Child to be registered. In line of the Presidential Decree 603 “Child and Welfare Code” every Filipino child, regardless of its economic status, gender religion and political antecedents and other factors, every child is endowed with the dignity and worth of a human being from the moment of his conception.

Birth Certificate is a primary requirement in majority of personal transactions such as enrolling to school. Failure to obtain a Birth Certificate can hamper the child’s education rights and delay the growth of a child’s potential.

22.2 Rights of a Neglected child for legal adoption. Pursuant to Republic Act 9523 or the Act requiring  certification of the Department of Social Welfare and Development (DSWD) to declare a “child legally available for adoption”

As per the policy of State that alternative protection and assistance shall be given to a abandoned, surrendered and neglected child. The Municipality of Atimonan, through the jurisdiction of Municipal Social Welfare and Development Office (MSWDO) shall extend such assistance with the best interest of the social, mental, emotional and physical well-being of an abandoned, surrendered and neglected child;

SECTION 23. Role of Female Police Officer. Complaints on battering and other forms of abuse against women and children shall be handled by female officers in the local police force whose character and credibility do not violate the accepted ethical standards in handling such cases.

SECTION 24. Atimonan Oasis Center. The Local Government of Atimonan, Quezon must ensure the protection and safety of victims of abuse by allocating facility that will meet the program and projects against Rape and its implementation.

SECTION 25. Programs for Survivors of Violence. Gender-based survivors of all forms of violence shall be registered in the psycho-social intervention program which shall be carried out by the Provincial Gender and Development.

SECTION 26. Court Hearing of Rape Cases, Incest and other Forms of  Gender-based Violence . All investigation/hearing involving rape cases and other forms of violence conducted in the police stations, prosecutor’s office and trial courts shall recognize and allow the survivor’s support group to be present in the court room as observers and to provide moral support to the survivors subject of litigation.

SECTION 27. The Family Disputes and Violence Committee. All Barangay Government in the Municipality shall create the Family Disputes and Violence Committee.

SECTION 28. Municipal Gender and Development Council. The Municipal Gender and Development Council of the Municipal Government of Atimonan, Quezon, shall serve as the coordinating and advisory body of the Municipal Government in designing programs geared towards gender and youth development, promotion and protection of human rights and ecological balance, shall be formally and regularly consulted on peace and development issues on the basis of social equity and justice.

SECTION 29. Municipal Gender and Development Council which was established pursuant to Resolution No. 04-2000 defining the Functions and Duties thereof is hereby adopted.

ARTICLE IV

Political and Public Sphere of Women and Children

SECTION 30. Declaration of March 8 as INTERNATIONAL WOMEN’S DAY (Proclamation No. 224) and the month of March as WOMEN’S MONTH (Proclamation No. 227). As declared by the United Nations, March 8, shall be observe as Women’s Day and March as Women’s Month. There shall be a municipal activities for women to increase their level of awareness and critical consciousness on the issues affecting them.

SECTION 31. Women’s Summit. A Women’s Summit shall be held on the month of March, which shall be convened and managed by the Municipal Gender and Development Council (MGADC).

SECTION 32. International Day of Action for Women’s Health. The Provincial Government of Quezon shall cause the celebration of the International Day Action for Women’s Health every year where issues and concerns relative to the protection and promotion of women’s health shall be examined, deliberated, projected and projected action sought.

SECTION 33. Barangay Self – Organization of Women. Self-organization of women shall be recognized at the municipal – level to include organizations of women representing different sectors in the community;

SECTION 34. Creation of Barangay Gender and Development (BGAD) Council. A Council for Gender and Development shall be created and organized at the barangay level coming from multi sectoral representatives of GOs, NGOs and POs. men and women organization with mass membership at the community level shall likewise be represented at the Council.

SECTION 35. Creation of Barangay Child Protection Council (BCPC). The Local Government of Atimonan, thru the Children’s Code will lead the formation of the Municipal Council for the Protection of Children which the Barangay will adopt. The Primary goal is to create a council that will create policies and programs to ensure that no child is abused not harmed in the community;

SECTION 36. Creation of Barangay Anti-Rape Council (BARC). In accordance to Municipal Ordinance No. 2023-378 otherwise known as RV Ordinance or Rape Victim Comprehensive Ordinance of Atimonan, Quezon, It is mandated for all barangays within the territorial jurisdiction of Atimonan, Quezon to create an ordinance creating the Barangay Anti-Rape Council ;

SECTION 37. National Children’s Month. Pursuant to Proclamation No. 267, dated September 30, 1993, en consonance with the PGAD Code of Quezon shall observe the month of October as National Children’s Month and undertake activities/projects in the observance thereof.

SECTION 38. Integrated Development Program for Women. The Municipal Government of Atimonan, Quezon, through the Municipal Gender and Development Council (MGADC) and the concerns sectors, shall develop a program that shall facilitate empowerment of women, Active support for the preservation of women’s knowledge of the environment shall be incorporated in the program.

SECTION 39. Elderly Filipino Week. Pursuant to Proclamation No. 470 of former President Fidel Ramos on September 26, 1994. It is designated that October 1-7 as Elderly Filipino Week;

SECTION 40. National Disability Prevention and Rehabilitation Week. Pursuant to Proclamation No. 361 declaring that the 3rd Week of July as the National Disability Prevention and Rehabilitation Week. The Celebration aims to include differently-able Filipinos in the Nation Building through empowering them and providing a platform for their cause;

ARTICLE V

Labor and Employment

SECTION 41. Equal Access to Employment, Training and Promotion. No one shall be denied of employment opportunity on account of gender, age ethnicity, creed, religion and civil status as prescribed in the Labor Code, as amended by RA 7695. Likewise, no one shall be denied of training and promotion in employment.

SECTION 42. Wage and Benefits. Every employer shall comply with the minimum wage as prescribed by the Regional Wage Board or as maybe provided by existing laws and shall grant all benefits to all employees such as maternity/paternity leave, sick and vacation leave, retirement, termination and other benefits provided by law.

SECTION 43. Facilities and Support systems for all Employees. The Municipal Government Code of Atimonan shall ensure the safety and health of employees. In appropriate eases, employers may:

a)     establish separate and functional toilet rooms, lavatories and lounge for men and women.

b)     establish, Home care Center in the workplace to temporarily cater breastfeeding, child rearing and early childhood care for working parents while on their respective job.

SECTION 44. Orientation/Training on Gender Sensitivity and family Violence. All local offices, school, agencies, and establishments or companies, government and private, in the Municipality of Atimonan, Quezon shall conduct or sponsor orientation/training on Gender Sensitivity and Domestic Violence to their respective personnel. Report of training compliance shall be submitted to the Municipality Gender and Development Office.

SECTION 45. Setting-up of Grievance Machinery. A grievance committee shall be set up in all local offices, agencies, establishment /s or companies to act complaints related to violence against person. For this purpose, a grievance procedure must be installed in every agency, office or establishment.

SECTION 46. Gender-Sensitive Physical Plan. A physical plan appropriate for a gender-sensitive environment shall be adopted by all offices, agencies and establishments or companies which shall help prevent sexual harassment, sexual abuse and other forms of maltreatment in the workplaces.

SECTION 47. Monitoring System for Labor Standards. A mechanism shall be installed in the Provincial Gender and Development Office to monitor all offices, agencies and establishments or companies violating the Labor Code, the provisions of this Code and existing laws.

SECTION 48. Employment Assistance Program. The Municipal Government in cooperation with the Department of Labor and Employment shall endeavor to assist poor students, the unemployed in securing gainful employment.

ARTICLE VI

Right to a Better Health

SECTION 49. Budget for Women’s Health. An appropriate amount shall be set aside in the budget of the Municipal Government for women’s health and nutrition services.

SECTION 50. Upgrading of Health Care Delivery System. Quality health care and services that are not discriminatory on account of their gender, age, sex, creed, religion and ethnicity shall be implemented.

SECTION 51. Reproductive Health Care Delivery. The Municipal Government shall adopt the reproductive health (RH) care approach at all levels of health care delivery. Such approach integrates many issues not previously considered central to population: sexuality, reproductive tract, infection, gender power relations and domestic violence and shall not be limited to family planning and child bearing.

SECTION 52. Women’s Right Over Their Bodies. Women’s decision to prevent and control pregnancy without necessarily resulting to abortion shall be given appropriate support and guidance by health professionals, private and public at every minimal cost.

SECTION 53. Primary Health Care Delivery. In consonance with the Department of Health’s trust, the Municipal Government of Atimonan shall strengthen the Primary Health Care Delivery system in the context of reproductive health.

SECTION 54. Access to Safe Water. All barangays in the Municipality shall provide, easy access to safe water supply. Appropriate water systems shall be installed, if possible right at their tap, to ease women’s workloads as well as minimize women and children fetching water household use.

ARTICLE VII

Education Right

SECTION 55. Non-Formal Education. In cooperation with the Dep.ED Non-Formal Education, classes for all shall be held in identified schools in the Province to facilitate working person’s access to education.

SECTION 56. Promotion of Gender-Sensitive Curricula. The schools and other concerned agencies within the Municipality of Atimonan, Quezon shall promote gender sensitive counseling and career education programs to encourage anyone to pursue academic and technical courses to widen their career opportunities.

SECTION 57. Adult Education. Anyone desiring to engage in functional and practical education shall be enlisted in adult education program, which shall be set up in all municipalities in the Province.

SECTION 58. Monitoring and Reporting of Stereotyped Portrayal of Roles of Women and Men In Education Materials.  The Municipal Gender and Development Office shall coordinate closely with the DepEd Division Office, Colleges and Universities and other network of schools in monitoring and reporting of stereotyped portrayal of roles women and men as projected in education materials.

SECTION 59. Study Now-Pay Later (SNPL) Plan. The Municipal Government shall institutionalize its scholarship program, through the SNPL Plan, for the poor but deserving students.

SECTION 60. Sex Education. Sex Education for the pre-puberty ages shall be introduced in the right way, at the right place by the right people. Understanding human sexuality is an intimate and personal matter not only of parents but also other concerned institution that have the competence to carry our such obligation of molding their children in the context of Godly Life and Love.

ARTICLE VIII

Socio-Economic Benefits for Women

SECTION 61. Capital Assistance for Women. All Local Government departments and agencies engaged in socio-economic programs shall increase their capital assistance and/or subsidy projects geared towards economic sufficiency.

SECTION 62. Socialized Lending Scheme. All banks, financial/lending institutions and cooperatives should open special windows for lending women who has access to traditional sources of collateral. No women shall be deprived of credit. Many lending institutions should establish, a socialized lending scheme friendly to women, which shall constitute the following;

1.     Low bank rate interests

2.     No postdated check

3.     Certificate of income generating activities from the municipality/city mayor

4.     No need for spouse consent

ARTICLE IX

GENDER and SPORTS

SECTION 65. Sports Development Activities. The Municipality of Atimonan, Quezon shall promote sports and physical development programs among men and women of all ages. It must be gender-sensitive  and non-discriminatory to both men and women. It shall promote  culture-based and must start from the grassroots to include indigenous sports;

ARTICLE X

Special Group of Citizens

SECTION 66.Advocacy on the Rights of Person with Disabilities.  Programs and projects shall be developed to promote the interest of differently-able women and men and, at the same time, protect their rights to all opportunities for advancement.

67.1 Magna Carta for persons with disabilities as amended (RA 9442). The Local Government of Atimonan shall ensure the implementation of the Magna Carta for persons with disability as indicated in Sections 32-33, Chapter 8, of RA 9442, granting privileges and incentives for persons          with disability, as follows:

1.     Twenty percent (20%) discount from all establishments;

2.     Minimum of twenty percent (20%) discount on admission fees;

3.     At least twenty percent (20%) discount for the purchase of medicines;

4.     At least twenty percent (20%) discount on medical and dental and professional fees;

5.     Education assistance to persons with disability;

6.     To the extent practicable and feasible, the continuance of the same benefits and privileges given           by the Government Service Insurance System (GSIS), Social Security System (SSS), and PAG-          IBIG, as the case may be, as are enjoyed by those in actual service;

7.     To the extent possible, the government may grant special discounts in special programs for                   persons with disability on purchase of basic commodities, subject to guidelines to be issued           for the             purpose by the Department of Trade and Industry (DTI) and the Department of Agriculture (DA);          and

8.     Provision of express lanes in all commercial and government establishments; in the absence       thereof, priority shall be given to them The above-mentioned privileges are available only to           persons with disability who are Filipino citizens upon submission of any of the following as proof of his or her entitlement thereto:

1.     an identification card issued by the municipal mayor or the punong barangay of the place where he or she resides;

2.     a certification issued by the municipal mayor or the punong barangay of the place where he or she resides.

SECTION 67. Organization of Senior Citizen Organization in the Municipal and Barangay Level- The Municipal and Barangay government units shall endeavor to include a representation of the elderly women and men in the Municipal and Barangay Development Council;

67.1 Senior Citizen Federation. The municipal government as well as the 42 barangay governments shall support the establishment of Councils for Senior Citizens, and the Office of the Senior Citizen Association of Atimonan;

67.2 Support funds for senior citizens. The municipal and barangay governments shall endeavor to allocate funds for livelihood assistance to senior citizen; routine physical check-up; social group work programs and other appropriate socio-economic activities;

67.3 Office for the Senior Citizens of Atimonan (OSCA). The municipal government shall endeavor to establish a center for abandoned and neglected senior citizens to provide them with comprehensive support services, in cooperation with the Provincial,

Regional and National Social Welfare and Development Offices, and other concerned agencies;

67.4 Additional Benefits and Privileges to Senior Citizens pursuant to RA 9257. The municipal government shall ensure the implementation of RA 9257 otherwise known as the Act Granting Additional Benefits and Privileges to Senior Citizens, specifically Section 4, as follows:

1.     Twenty percent (20%) discount from all establishments

2.     Minimum of twenty percent (20%) discount on admission fees in places of culture, leisure and amusement

67.5 Additional Benefits and Privileges to Senior Citizens pursuant to Municipal Ordinance No. 2022-372 or also known as the Nonagenarian Ordinance of Atimonan, Quezon. This Ordinance shall cover Senior Citizens whose age 90 years old upon the approval of this ordinance.The Municipal Government of Atimonan through the Municipal Social Welfare Development Office (MSWDO) shall ensure that the following incentives shall be given to Atimonanins who reached One Hundred (100) years of age:

Upon reaching the age of ninety (90) the nonagenarian will receive the following only after conforming to Section IV:

a)     He or She shall receive one-time cash incentive of Ten Thousand Pesos (10,000 php);                                                      

b)     Certification issued by the Municipal Social Welfare and Development Office (MSWDO)

In the event the recipient could not personally receive the award due to exceptional reasons, the MSWDO Staff shall visit the place of residence of the nonagenarian to turn over the cash incentive and certification;

67.6 Additional Benefits and Privileges to Senior Citizens pursuant to Municipal Ordinance No. 2022-371 or also known as the Simeona Mangaba Centenarian Award.The Municipal Government of Atimonan through the Municipal Social Welfare Development Office (MSWDO) shall ensure that the following incentives shall be given to Atimonanins who reached One Hundred (100) years of age:

a)     Letter of Felicitation awarded by the Municipal Mayor;

b)     Plaque of Recognition as SIMEONA MANGABA CENTENARIAN AWARD to be issued by the Municipal Social Welfare and Development Office (MSWDO);

c)     One-time Centenarian Incentive in the amount of FIFTY THOUSAND PESOS (50,000php);

d)     Sangguniang Bayan Resolution of Recognition and Commendation to the Simeona Mangaba Centenarian;

67.7 Support Funds for Older Persons: Funds shall be allocated for livelihood assistance; routing physical check-up, social group work programs and other appropriate socio-economic activities for senior citizens.

SECTION 68. Persons in Detention

            Support to Persons in Detention: Rights of all detainees shall be protected. (1) Speedy trial of their cases shall be ensured by all concerned; (2) An appropriate program shall be designed to respond to their specific needs and problems as detainees; (3) Separate structure and space for detention and rehabilitation shall be established, especially for women. No child shall be in detention as provided by P.D. 603.

SECTION 69. Homosexual Group of Persons

a.     Active advocacy on the rights of Homosexual Persons: Rights of all homosexual persons shall be actively advocated by all agencies concerned in coordination with the Provincial Gender and Development Council (PGADC).

b.     Employment Opportunities for Homosexual Persons: The Municipal Government shall develop equal opportunities for homosexual persons, recognizing their full potentials as human being.

SECTION 70. Solo Parents.The municipality shall ensure support to a solo parent, regardless of status, equal access to economic and other services which include livelihood, provision of seed capital, job placement, value orientation, basic business skills, trainings, educational benefits for them and their children and medical assistance

70.1 Appropriation for Solo Parent Programs, Projects and Activities. To address the needs of Solo Parents, the municipal government shall set aside an annual budget for programs, projects and activities that would promote the interest of solo parents.

70.2 Establishment. It is hereby created, organized, and established an Atimonan Solo Parents Affairs (ASPA) from the Municipal Social Welfare and Development Office and under the direct supervision of the Municipal Mayor

70.3 Privileges of Solo Parent.It shall also ensure that solo parents are not deprived of enjoying their privileges such as follows:

l   Comprehensive Package of Social Development Services such as livelihood development services; counseling services, parent effectiveness service; critical incidence stress debriefing, and special projects for individuals in need of protection;

l  Flexible Work Schedule;

l  Non- Discrimination relative to Work. No employer shall discriminate against any solo parent employee concerning terms and conditions of employment on account of her/his status;

l  Parental Leave. In addition, to leave privileges under existing laws, parental leave of no more than seven (7) working days every year shall be granted to any solo parent employee who has rendered service of at least one (1) year.

70.4. Additional Privileges and Benefits. In addition to the benefits provided by the law, the Local Government of Atimonan, Quezon through the[1]  Municipal Social Welfare and Development Office will provide additional benefits to solo parents, such as:

a)       PRIORITY LANE for the solo parent in all retail and business establishments including banks and hospitals. Priority lanes for PWDs and Senior Citizens can be used to accommodate the solo parent;

b)      LIVELIHOOD SERVICES by providing seed money capital depending on the project proposal of the solo parent, but not more than Five thousand (Php5,000.00) Pesos only. The MSWDO shall provide  basic management training to the solo parent who wanted to have a business of his/her own;

c)       COUNSELLING SERVICES to those who are in need, this is initiated by the MSWDO;

d)      PARENT EFFECTIVENESS SEMINAR that is catered by the Child Development Center;

e)       DEATH or BURIAL ASSISTANCE – in case the solo parent dies, the child or children under his or her care will get a Two Thousand (Php2,000.00) Pesos cash grant;

f)        MEDICAL ASSISTANCE – in case the solo parent is in need of financial assistance with medical needs, he or she will be given a cash grant depending on the medication needed;

g)       SCHOLARSHIP ASSISTANCE- Children of INDIGENT solo parents who are in Grades 11 and 12 shall be given  priority on cash assistance amounting to Ten Thousand (Php10,000.00) Pesos per school year, provided that they qualify on the set criteria:

The child is a son or daughter of a solo parent, with proof through birth certificate;

The child is currently enrolled in Senior High School, with a registration card and good moral conduct;

70.5 Appropriations: The Source of funding will be appropriated to the Municipal Social Welfare and Development Office (MSWDO);

SECTION 71. The Muslims and Other Cultural Communities. – The Municipality of Atimonan shall ensure the preservation and enrichment of the cultural identity of the Muslims and other established cultural communities, and they shall enjoy the rights and opportunities in the social, economic, and political spheres.

a. Recognition of Cultural Rights and Practices. In deference to cultural practices and rights, the Municipality of Atimonan shall see that these are recognized and respected.

SECTION 72. Gender in Disaster Risk Management – Being prone to various disaster risk and hazards, Women and Children are the most vulnerablegroup, the following shall be undertaken under the wing of Atimonan Municipal Disaster Risk Reduction Management Office (MDRRMO) and also the 42 barangays within the jurisdiction of Atimonan:

72.1 Pre-Disaster and resilience building:

a)   Ensure that women participate in the public awareness and education campaigns on disaster risk management and climate change adaptation;

b)    Ensure that women are involved in the Hazard, Vulnerability and Capacity Assessment (HVCA) mapping and in the formulation of disaster contingency plans;

c)   Ensure that women are represented in M/BDCC structure and are distributed in the different service committees to insure their participation in decision-making processes;

d)   Design an Emergency response plan for vulnerable group, including women and children for search and rescue operations, evacuation management plan and rehabilitation plan;

e)   Build the capacity of women in managing community-based early warning system (CB-EWS);

f)    Ensure that women have sustained livelihoods and income;

g)   Build the capacity of women in managing trauma and in providing psychosocial intervention to disaster victims;

h)  Train in providing first aid medical response to case resulting from disasters;

i)    Maintain updated data and statistic on vulnerable group (e.g. women, children, older people, disabled people, and people living with HIV/AIDS);

72.2 During disaster

a)   Prioritize the vulnerable group in search and rescue operation;

b)   Maintain sex-disaggregated data about the vulnerable groups

c)   Provide a separate evacuation center for women and their children;

d)   Ensure that the minimum standard in disaster response as set forth in the Evacuation Center/s, including people’s need for water, sanitation, nutrition, food, shelter and health care, are met.

72.3 Post disaster (recovery and rehabilitation):

a)   Ensure women’s participation in resilience building and recovery effort by:

    a.1. Involving women in the conduct of Rapid Damage Assessment & Needs Assessment (RDANA) to ensure that women’s and children’s situation and specific need are well taken into account.

a.2. Involving women as participants of Food-for-Work and Cash-for-Work schemes in restoration work. This provides them with job and income opportunities which could ensure household’s food security and good health condition.

b)    Involved women in the rehabilitation of the agricultural sector by providing them with training and agricultural inputs, including seeds and implements;

c)   Ensure that psycho-social and stress debriefing interventions for women and children disaster victims are carried out by women providers to better situate the intervention as well as men;

d)   Ensure that women and children have access to and control over water, sanitation, nutrition, food, shelter and health care to ensure their full recovery;

72.4 Funding. The municipal government of Atimonan as well as the Forty Two (42) Barangay shall ensure that portion of the Five Percent (5%) Calamity Fund, in accordance to Section 21 of RA 10121, is allocated for meeting the special needs of the vulnerable group, especially women and children in the emergency and relief phase up to the recovery and rehabilitation stage. The barangay government shall also appropriate a budget for disaster preparedness activities;

ARTICLE XI

Children Support System

SECTION 73. Daycare Centers. The Municipal Government of Atimonan shall ensure that Day Care Centers are set up in every Barangayin accordance to Republic Act 6972;

SECTION 74. Parent Authority. The father and mother shall jointly exercise parental authority over the persons of their common children;

CHAPTER II – MISCELLANEOUS AND PENAL PROVISIONS

ARTICLE I

Anti – Trafficking in Persons

SECTION 75. Trafficking in person. It refers to the recruitment, transportation, transfer or harboring, or receipt of persons, with or without the victims consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the

consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs, as defined in R.A. 9208.

SECTION 76. Acts of trafficking in Persons. In any person, natural or judicial, who commits any of the following acts shall suffer the penalty.

a)     To recruit, transport, transfer, harbor, provide or receive a person by any means, including those done under the pretext or domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

b)     To introduce or match for money, profit or material, economic or other consideration, any person or, as provided for under Republic Act No. 6955, any Filipino woman to a foreign national, for marriage for the purpose of acquiring, buying, offering, selling or trading him/her to engage in prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

c)     To offer or contract marriage, real or simulated, for the purpose of acquiring, buying, offering, selling, or trading them to engage in prostitution, pornography, sexual exploitation, forced labor or slavery, involuntary servitude or dept bondage;

d)     To undertake or organize tours or travel plans consisting of tourism packages or activities for the purpose of utilizing and offering persons for prostitution, pornography or sexual exploitation;

e)     To maintain or hire a person to engage in prostitution or pornography;

f)      To adopt or facilitate the adoption of person for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage;

g)     To recruit, hire, adopt, transport or abduct a person, by means or threat or use of force, fraud, deceit, violence, coercion, or intimidation for the purpose of removal or sale of organs of said person; and

h)    To recruit, transport or adopt a child to engage in armed activities in Philippines or abroad.

ARTICLE II

Rape as a Crime Against Person

Republic Act No. 8353 – an act expanding the definition of the crime of rape, reclassifying the same as a crime against persons, amending for the purpose Act. No. 3815, as amended, otherwise known as the Revised Penal Code, and for the other purposes.

SECTION 77. When and How Rape is Committed. According to the Revised Penal Code, Article 266-A Rape is committed.

1.     By a man who shall have a carnal knowledge of a woman under any of the following circumstances:

a)     When the offended party is deprived of reason or is otherwise unconscious;

b)     By means of fraudulent machination or grave abuse of authority;

c)     When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;

2.     By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

SECTION 78. Penalty for the Crime of Rape. Republic Act 7659 provides that the crime of rape shall be punished by reclusion perpetua. However, the penalty of death shall be imposed if the crime of rape is committed with any of the following attendant circumstances:

1.     When by reason or on the occasion of the rape, the victim has become insane;

2.     When by reason or on the occasion of the rape, a homicide is committed;

3.     When the victim is under eighteen (18) years of age and the offender is a parent ascendant, step-parent, guardian, relative by a consanguinity or affinity within the third civil, degree, or the common-law spouse of the parent of the victim;

4.     When the victim is under the custody of the police or military authorities;

5.     When the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity;

6.     When the victim is a religious or a child below seven (7) years old

7.     When the offender known that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) diseases;

8.     When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency;

9.     When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.

SECTION 79. Rape in Intimate Relations. Intimate or marital relation shall not be a legal impediment to any complaint against acts or rape as provided in Section 74 of this Article. Further, marital relationship shall not serve as a legal impediment to the prosecution of rape where:

1.     Spouses are legally separated; or

2.     There is separation in fact for at least six months

SECTION 80. Pardon and/or Marriage of the offended Party with the Offender. The marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provision of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the crime of rape. In accordance to the Revised Penal Code, Article 266-C; The subsequent valid marriage between the offender and the offended party shall extinguish the criminal action of the penalty imposed.

            In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as the offended party shall extinguish the criminal action of the penalty. Provided, that the crime shall not be extinguished or the penalty shall not be abated if the marriage be void.

SECTION 81. Who May File Complaint. Complaint for rape may be filed by any of the following persons:

a.     the offended party;

b.     his/her parents or legal guardian;

c.     his/her grandparents or collateral relatives;

d.     the officer or social worker of the DSWD, or of a duly-licensed child-caring institution, or orphanage, home for the aged, mental hospital or other similar institutions whose care or custody the offended party is committed; and

e.     a concerned, responsible resident of the Barangay where the crime was committed, but only if any persons mentioned have expressly given their consent.

SECTION 82. Support to Survivors of Sexual Violence. The Local Government Unit of Atimonan, Quezon through the Municipal Social Welfare Development Office (MSWDO) shall provide a holistic support to the survivors of sexual violence, which consist of but not limited to the following:

a)     Providing victim of sexual violence with psychological counselling, medical and health services, including their medico-legal examination;

b)     Securing free legal assistance or service, when necessary, forvictim of sexual violence;

c)     Assistingvictim of sexual violencein the investigation to hasten the arrest of offenders and the filing of cases in court;

d)     Ensuring the privacy and safety of sexual violence victim;

e)     Providing psychological counseling and medical services when necessary for the family of sexual violence victim;

f)       Developing and undertaking a training program for law enforcement officers, public prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human rights and responsibilities; gender sensitivity and legal management of rape cases; and

g)     Adopting and implementing programs for the recovery of sexual violence victim;

h)    A temporary shelter, or known as the Atimonan Oasis Center with appropriate support services for victims of abuse shall be appropriately established under the management and supervision of Municipal Social Welfare and Development Office (MSWDO)

SECTION 83. Establishing and Strengthening the Barangay Anti-Rape Council. The Municipality of Atimonan shall ensure the establishment and functionality of Barangay

Anti-Rape Council in line to the Municipal Ordinance No. 2023-378 or known as RV or Rape Victim Comprehensive Ordinance of Atimonan, Quezon. The Council is responsible with the following functions:

g)    In the event that the victim have to be placed in a shelter or a safe place of their choice, the barangay official shall assist them in taking their personal belongings  to a shelter or safe place;

h)   Report the incident and refer the victim to the Municipal Social Welfare and Development Office of within four (4) hours from the time of reporting. Said official shall also report the incident to the Women and Children’s Protection Desk at the nearest Police Station within the same period;

i)    Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Children’s Protection Desk or other law enforcement agencies;

j)     Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Children’s Protection Desk;

 SECTION 84. The role of Law Enforcer. There shall be a full-time police officer, who is trained to handle sensitive cases assigned to the Center who will conduct investigation of complaints;

Upon the receipt by the police of the complaint, it shall be the duty of the police officer to:

1)     Conduct appropriate investigation in collecting other evidence necessary for the filing of the case;

2)     Refer victim to the nearest hospital or medical facilities for appropriate medico-legal examination;

3)     Ensure the confidentiality or identity of the victim and all other parties directly involved with the case under investigation;

4)     Refer the victim to MSWDO for the LG, any available MSWD shelters, NGO’s and other services providers for Psycho-social Intervention and other rehabilitation programs;

5)     Forward complaint sheet, investigation report, together with the relevant evidences, including the formal statement of the witnesses and result of medico-legal examination for the prosecutor for filing of appropriate criminal complaint.

SECTION 85. Investigation/Examination of Rape Survivors. It shall be the duty of the investigating office or the examining physician of the same sex, to ensure that only persons expressly authorized by the examining physician and/or the rape survivor are allowed inside the room where the investigation or medical or physical examination is being conducted. Local government Unit/Chief of Police must provide must provide private room for investigation of such cases.

SECTION 86. Suspension of Government Official Employee. The following steps shall be undertaken against government official or employee charged of rape:

a.     the immediate preventive suspension for a period of sixty (60) days may be imposed upon any official or employee charged of rape, provided that a verified complaint had been filed therefore; and

b.     it is the duty of the superior officer of respondent public official or employee to facilitate the free, speedy, and objective investigation of the complaint, and to ensure the protection of the complaint.

Any official having authority, influence or moral ascendancy over another person charged of rape shall be fined Php. 5,000.00 for non-compliance of this provision.

ARTICLE III

Sexual Harassment

SECTION 87. Special Court Proceedings. Cases involving violations of this Act shall be heard in the chambers of the judge of the Regional Trial Court duly designated as Juvenile and Domestic Relations Court.

            Any provision of existing law to the contrary notwithstanding and with the exception of habeas corpus, election cases involving detention prisoners and persons covered by

Republic Act. No. 4908, all courts shall give preference to the hearing or disposition of cases involving violations of this Act.

SECTION 88. Beauty Contest. One which would indecently expose a woman’s body that is offensive to morals and good taste is viewed as violence against women.

            Thus, holding of beauty contests must be strictly regulated. For this purpose, a Beauty Pageant Regulatory Board is hereby created under the Municipal Gender and Development Office (MGDO) which shall be composed of the MGDO as the Chairperson, the SB Committee on Women and Family, Representative from the Religious Sector, MSWDO and Representative form the Municipal Media Monitoring Board.

SECTION 89. Sexual Harassment. Sexual harassment shall be unlawful in the employment, education or training environment as prescribed in RA. B7877, otherwise known as the Anti Sexual Harassment Act of 1995 and other complaints shall be filed with the proper Court in accordance with the provisions of this Code.

SECTION 90. Other Forms of Sexual Harassment. Other than the definition provided by RA. 7877, otherwise known as the Anti-Sexual Harassment Act of 1995, the following constitute sexual harassment:

1.     persistent telling of offensive jokes such as green jokes or other analogous statement to someone who finds them offensive or humiliating;

2.     taunting a person with constant talk about sex and sexual innuendoes;

3.     displaying offensive or lewd pictures and publications in the workplace;

4.     interrogating someone about their sexual activities or private life, excerpts on medical or physical examination purposes;

5.     making offensive hand or body gestures at someone;

6.     repeatedly asking for dates despite verbal rejection;

7.     staring or leering maliciously;

8.     touching, pinching or brushing up against someone’s body unnecessarily or deliberately;

9.     kissing or embracing someone is against his/her will;

10.  requesting sexual favors in exchange for a good grade, obtaining a good job, promotion;

11.  implications which ridicule, humiliate or embarrass the woman such as “puta” “buring”, “peste”, “igat”, “puneta”, etc.

12.  any other unnecessary acts during physical examinations;

13.  requiring women to wear suggestive or provocative attire during interviews such as on job hiring, promotion.

SECTION 91. Husband and Wife Battering. Husband and wife battering shall be punishable by law. Other forms of battering as defined in this Code shall be covered by penalty.

SECTION 92. Persons in Armed Conflict Situation. a)No person shall be deprived of basic social services in armed conflict areas. b) No one shall be kept by any peace and order personnel in military detachment/police checkpoint or any analogous quarter for purposes of company. Violators shall be prosecuted in accordance with the Revised Penal Code.

SECTION 93. Conscious Surveillance of Entertainment Establishment. The Municipal Gender and Development Council in coordination with Barangay Gender and Development Council, shall conduct conscious surveillance of entertainment establishments existing in the province that may be exploiting young men and women.

a.     when the offender shall have sexual intercourse with a boy or a girl, he/she shall be sentenced to the penalty for Acts of Rape under Section 76 and 77 of Article II Chapter II of this Code;

b.     when the offender shall have anal intercourse with a boy or a girl, he/she shall be sentenced to six months imprisonment or in accordance with existing law or at the discretion of the court;

c.     when the offended commits other pedophilic act, he/she shall be punished by an imprisonment of 3 months or in accordance with existing laws or at the discretion of the court, provided that said penalty shall be imposed in its maximum period is the offended party is a girl.

SECTION 94. Additional Penalties for Pedophiles are as follows:

a.     payment of moral damages to the offended girl or boy or her/his parents;

b.     if the offender is an alien, deportation after serving his sentence and paying his civil liabilities; he shall also be barred from re-entering the Philippines.

SECTION 95. Complaints of Pedophilia. Complaints against pedophilic acts shall be filed by the same person as enumerated under Section 75, Article II and Chapter II of this Code.

ARTICLE IV

Labor and Employment

SECTION 96. Reproductive Health Services. Establishments within the Municipality of Atimonan, Quezon as well as labor intensive establishments shall provide access to reproductive health services to worker regardless of sex and civil status as a manifestation of concern for women’s role in social production, cancellation of business permit or license to operate shall be recommended for imposition by the LGU concerned and/or a fine of Php 5,000.00 shall constitute the penalty for violation of this provision.

SECTION 97. Orientation on Domestic Violence. All local offices, agencies and establishments or companies, government and private, in the municipality shall conduct orientation on domestic violence. Failure to comply with this provision shall mean a payment of a fine of not less than Php 3,000.00 nor more than Php 5,000.00.

SECTION 98. Gender-Sensitive Physical Plan. A physical plan appropriate for a gender-sensitive environment shall be adopted by all officers, agencies and establishments or companies which shall help prevent sexual harassment, sexual abuse and other forms of maltreatment in the workplace.

Failure to comply with this provision shall be penalized as follows:

a.     1st offense – fine of Php 3,000.00 and suspension of business permit or license for 3 months

b.     2nd offense – fine Php 4,000.00 and suspension of business permit or license for 6 months

c.     3rd offense – fine of Php 5,000.00 and revocation of business permit or license

ARTICLE V

Women in the Entertainment Industry

SECTION 99. Workers in the Entertainment Industry. Workers in the entertainment industry shall be recognized as wage earners and they shall receive a minimum wage and benefits afforded to workers and shall render services only in the place of work as specified in the business permit of the establishment concerned. Violation of this, provision shall be subjected to fine Php 5,000.00 or cancellation of business permit, or both at the discretion of the court.

SECTION 100. Support Services for Women in the Entertainment Industry. The Municipal Government shall provide socio-economics support services for women in the entertainment industry in its desire to concretely respond to their practical needs.

SECTION 101. Medical Routine Check-up. Women in the entertainment industry shall be afforded by their respective employers with medical routine check-up and medicines if

needed. The local government units with entertainment industry shall provide programs addressing the health needs of such workers.

SECTION 102.Conscious Surveillance of Entertainment Establishment. A regular Task Force shall be created to conduct conscious surveillance of entertainment establishment exploiting men and women. Police brutality shall not be allowed during conduct of surveillance. Violators of this provision shall be subjected to administrative sanction.

ARTICLE VI

Right to Health

SECTION 103. Reproductive Health Service for All. All Hospital in the Municipality of Atimonan shall offer equitable reproductive health services for all regardless of sex and social status. Non-compliance of this provision, the Hospital Operator, President or the Chief of the Hospital concern shall be penalized by a fine of Php3, 000.00.

ARTICLE VII

Socio-Economic Benefits for Woman

SECTION 104. Banks, Financial Institutions and Cooperatives Support System. All banks, financial institutions and cooperatives are encourage to open special windows for lending to women including young women who lack access to sources of collateral. This process ensures and protect the economic right of women.

SECTION 105. Increase Capital Assistance for Women. All Local Government Departments and Agencies engaged in socio-economic programs shall increase their capital assistance and /or subsidy to women especially on land-based project using community bank approach.

ARTICLE VIII

Special Group of Persons

SECTION 106.  Barangay - level Sanction of Cases of Harassment Committed. Against Differently- Abled/Special Group of Person such as; Persons with Disability, Older Persons, Person in Detention, homosexual Group of Persons and Solo Parents. All Barangay in the Municipality shall formulate a municipal- level on cases of harassment committed against differently-abled/special group of persons. Failure to comply with this provision shall subject the offenders to an administrative sanction.

SECTION 107. Respect for Gender Preference. Person right to the sex preference shall be respected and protected.

ARTICLE IX

Woman and Children

SESTION 108. Support to Women and Children. All agreement or settlement arrived at the Barangay-Level relative to the children shall be final and executory. Violation of such agreements or settlements shall be subjected to a fine of Php1, 000.00.

SECTION 109. Promotion of Environment Friendly Technologies. No government agency shall act as agents of chemical agriculture. Chemicals allowed to be used are those duly

 authorized by the Herbicide and Pesticide Authority. An Administrative sanction shall be imposed to head of agencies found violating this provision.

ARTICLE X

Gender and Development Orientation Training

SECTION 110. Gender Sensitivity Orientation and Training. All schools, offices, establishments or companies, department and agencies including Municipal and Barangay officials within the Municipal of Atimonan, Quezon Shall initiate gender sensitivity orientation and training which shall equip them with theoretical and practical knowledge on gender issues and concerns. Likewise all establishments, schools, colleges, and university shall develop assessment tools for gender biases, No-compliance of this provision shall require the concerned party to pay a fine of  Php2,500.00 and issuance of warming by the Municipal Mayor, though the Municipal Gender and Development Office.

CHAPTER III PROVISIONS FOR IMPLEMENTATION

ARTICLE I

The Municipal Gender and Development Office

SECTION 111. Creation of the Municipal Gender and Development Office. The Municipal Gender and Development Office of Atimonan, Quezon is hereby created specifically to realize the provision of this Ordinance. It shall be the coordinating, regulatory and monitoring office of the Municipal I Government of Atimonan which shall focus on gender-sensitive projects and activities.

SECTION 112. Functions of the Municipal Gender and Development Office. This distinct Office shall have the following functions to ensure consistency in the implementation of the provision of this Code.

Monitoring and coordinative Functions. These functions shall assure the realistic, measurable and tangible results in the implementation of this Code.

These include, but not limited to;

1.     Gender-Sensitive Watch. A system of services and facilities in order to monitor status of men. Children and women in the Province wherein all departments and agencies therein shall develop practical methodologies for incorporation gender perspective into all aspect of economy and policy making. It shall gender and age disaggregated data on poverty situation and all aspects of economics activity and develop qualitative and quantitative statistical indicator to facilitate to the assessment of economic performance from a gender fair perspective. It shall also serve as the data bank of the Provincial Government on gender and development.

2.      Legal Aid Services Check. A coordinated services for any legal action needed in protecting men, women, children and special group of person’s shall be installed.

3.     Advocacy and Campaign Management. A coordinated advocacy and campaign on all forms of discrimination and violence against any person shall be programmed.

4.     Sustainable and Gender Sensitive Project Development. A system of appraisals of project to determine.

Sustainable impact on women and men. Local economy, politics, culture and ecosystem.

5.     Violence in Media Check. An active dialogue with tri-media representative shall be undertaken by the office in Coordination with the Sangguniang Bayan Committee on Gender Equality, Family Affairs and Social Welfare and Women GO s and NGO s son incidence of all forms of violence in media.

A.   Regulatory Function. This function shall include establishing protocols and standards relevant to the following.

1.     Education and Training Benchmark. Gender-sensitive education and training for all department and agencies of the Municipal Government of Atimonan at the Barangay level shall be designed standards for contents of the courses shall be established by the office.

2.     Psycho-Social Support Program. A holistic and indigenous approach to men and women with social disfunctioning with include attendance to their physical/biological, emotional, psychological and social needs shall be set up. Indicators of program success shall be established by the office.

3.     Early childhood Care and Development Program and Services. Appropriate support services for children shall include crèche and day care services for instants and toddlers as prescribed in RA 6972. Indicators of quality of services shall established by the office.

4.     It shall be involved in all the process related to the conceptualization, development, assessment and evaluation of population and gender development and advocacy programs of Provincial Government.

5.     Coordinate and monitor compliance of private government establish pertaining to RA. 7877.

SECTION 113. Organization. The Municipal Gender Development Office shall be headed by a Municipal Government Department Head who shall be assisted by three (3) Division Chiefs, one (1) for the Administrative Division, one (1) for the Gender Development Monitoring Division, and one (1) for the Training and Special Service Development Program Division. The Municipal Mayor shall recommended to this body the appropriate nomenclature or position title of herein Municipal All the Division level the following section are hereby established.

At the Division level, the following sections are hereby established.

I.      Administrative Division

a.   Clerical and Janitorial services section

b.   Records section

c.   Property and Supply Section

II.      GAD Monitoring and Coordinating Division

a.     Clerical and Janitorial services section

b.     Gender Sensitive Watch Section

c.     Legal Aid services Check Section

d.     Advocacy and Campaign Management Section

e.     Gender Sensitive Project Development Section

f.      Tri-Media Check Section

III.       Training and Special Services Division

a.     Education and Training Section

b.     Psychological Support Services Section

c.     Early Childhood care and Development Section

d.     Assessment and Evaluation Section

SECTION 114. Appointment and Qualification. The Municipal Government Department head shall be appointed by Municipal Mayor with concurrence of the Sangguniang Bayan, provided that he/she meets the following qualifications;

a.     Must a holder of any relevant college degree:

b.     Must be a bonafide resident of the Municipality of Atimonan;

c.     Must have at least a 3-years experience in Gender Development works;

d.     Must have appropriate Civil Service Eligibility; and

e.     Other qualifications relevant and necessary therefore.

SECTION 115. Personnel. Upon recommendation of the Municipal Mayor, the Sangguniang Bayan shall create positions that will assist in the implementation of this code and man the operation of the Municipal Gender and Development Office taking into consideration the service requirement and financial capability of the Municipal Government, subject to the minimum standard prescribed by the Civil Service Commission as well as the appropriate position titles and salary grades prescribed by the Department of Budget and Management.

SECTION 116. Compliance Report. Within six (6) months from the effectivity of this Code and every six (6) months thereafter, the Municipal Gender and Development Office shall submit a report to all offices concern, copy furnished the Sangguniang Bayan, of their compliance with this Code.

ARTICLE II

Transitory Provisions

SECTION 117.Funding. An amount as may be necessary to implement the provisions of this Code is hereby appropriate from any available source in the General Fund of the

Province. Thereafter, the Provincial Government shall set aside as amount as amount as may be necessary to fund the GAD projects and activities of the provincial Government to pursuance of this Code, subject to existing pertinent laws, rules and issuances on the matter.

SECTION 118. Rules and Regulations. The Municipal Mayor, through the assistance of the Municipal Gender and Development Council, shall formulate the implementing Rules and Regulations necessary to carry out the provisions of this Code.

ARTICLE III

Final Provisions

SECTION 119. Abolishment Clause. Some parts of the Municipal Ordinance are hereby abolished

SECTION 120Repealing Clause. All ordinances, resolutions, memorandum circulars, rules and regulations inconsistent with the provision of this Code are hereby repealed and modified accordingly.

SECTION 121. Separability Clause. If for any reason any portion or provision of this Code is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect.

SECTION 122. Supplementary Clause. On matters nor provided for in this Code, any existing applicable laws and their corresponding implementing rules and regulations, executive fiats and relevant issuances issued therefore shall apply in supplement manner.

SECTION 123. Effectivity Clause. This Code shall take effect upon compliance of the mandatory posting and publication prescribed under Republic Act 7160, otherwise known as the Local government Code of 1991.

            APPROVED unanimously this _________