Republic of the Philippines
Province of Leyte
GENDER AND DEVELOPMENT - TECHNICAL WORKING GROUP
Municipality of Barugo
PROPOSAL FOR A RESOLUTION TO PASS AN
ENHANCED GENDER AND DEVELOPMENT (GAD) CODE
OF THE MUNICIPALITY OF BARUGO AND THE IMPLEMENTATION OF
A COMPREHENSIVE AND SUSTAINABLE GAD PROGRAM
REPEALING FOR THE PURPOSE ORDINANCE NO. 09 SERIES OF 2006
Be it hereby proposed by the GAD-TWG of the Municipality of Barugo, that,
CHAPTER I – GENERAL PROVISIONS
ARTICLE I
TITLE, DECLARATION OF PRINCIPLES AND POLICIES, DEFINITION OF TERMS AND ACCRONYMS
SECTION 1. Title. This ordinance shall be known and cited as “The Gender and Development
Code of the Municipality of Barugo as amended” hereinafter referred to as the “Code”.
SECTION 2. Legal Basis. The amendment of the present Ordinance No. 9, S. 2006 (GAD Code of
the Municipality of Barugo Leyte) is in line with the municipality’s promotion of women’s economic
empowerment, gender equality, gender responsive development and governance and fulfilment of women
and children’s human rights, as embodied in the following local and national mandates and policies and
international commitments:
2.1. LOCAL LAWS AND POLICIES
1. Resolution No. 92, Series of 2010 (Resolution Adopting the Implementation of Provincial
Ordinance No. 09-04 Entitled “An Ordinance to Implement and Enforce The Provisions of
RA 9208, otherwise known as The Anti-Trafficking in Persons Act of 2003 and its
Implementing Rules and Regulations and for other purposes”)
2. EO No. 4, Series of 2011 (Creation of Municipal Committee on Anti-Trafficking and
Violence Against Women and their Children {MCAT-VAWC})
3. Ordinance No. 03, s. 2004 (An Ordinance Prescribing Rules and Regulations on the
Location, Maintenance and Operation of Night-Clubs, Disco Houses, Bars, Day-Clubs,
Beer Houses, Sing-along Joints, Video Karaoke Bars, Billiard Pools or other similar places
of amusements, and Prescribing Penalty for their Violation.)
4. Ordinance no. 2 series of 2004, Minor Ordinance for the Municipality of Barugo (Ordinance
on Curfew Hours)
5. Other related ordinance, policies and issuances of the Municipality.
2.2 NATIONAL LAWS AND POLICIES:
1. Article II, Sec. 14 and Article XIII, Sections 11 & 14 of the 1987 Constitution which provides
that the State recognizes the role of women in nation-building and shall ensure the
fundamental equality before the law of women and men; women’s maternal and economic
role and their special health needs;
2. RA 7160 or the Local Government Code of 1991 which mandates LGUs to promote the
general welfare and provide basic services and facilities to constituents;
3. RA 7192 or the Women in Development and Nation Building Act which promotes the
integration of women as full and equal partners of men in development and nation building;
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4. The Annual General Appropriations Act which task agencies to formulate a GAD plan and
to implement the same by utilizing at least five percent (5%) of their total budget
appropriations.
5. Executive Order No. 273, Approving and Adopting the Philippine Plan for GenderResponsive Development, 1995-2025.
6. DBM-NEDA-NRFW Joint Circular 2004-1, which provides for the guidelines for the preparation of Annual
Gender and Development (GAD) Plan and Budget and Accomplishment Report to Implement the Section on
Programs/Projects Related to GAD of the General Appropriations Act.
7. Philippine Plan for Gender Responsive Development (PPGD0) 1995-2025 which envisions
a society that promotes gender equality and women’s empowerment and uphold human
rights, among other development goals.
8. Local Budget Memorandum directing the Municipality to mobilize resources to mainstream
and implement gender and development programs using the five percent fund.
9. Civil Service Commission Memorandum Circular No. 12, Series of 2005 which encourages
all heads of Constitutional Bodies, Departments, Bureaus, Offices and agencies of the
national government, local government units, state universities and colleges, government
owned and controlled corporations the use of non-sexist language in all its official
documents, communications and issuances.
2.3 OTHER STATUTES:
1. RA 7192 (Women in Development and Nation Building Act);
2. RA 9710 (Magna Carta of Women of 2009);
3. RA 7882 (Act Providing Assistance to Women Engaging in Micro and Cottage Business
Enterprises);
4. RA 8292 (Magna Carta for Small Enterprises);
5. RA 9178 (Barangay Micro Business Enterprises (BMBEs) Act of 2001);
6. RA 6725 (Act Strengthening the Prohibition on Discrimination Against Women with respect
to Terms and Conditions of Employment);
7. RA 7322 (Act Increasing Maternity Benefits of Women Workers in the Private Sector);
8. RA 6949 (declaring March 8 of every year as a working holiday to be known as National
Women’s Day);
9. RA 7688 (Social Security Act of 1997);
10. RA 8972 (Solo Parents Act);
11. Reproductive Health Care Act of 2002;
12. RA 9262 (Anti-Violence Against Women and Children Act);
13. RA 7877 (declaring sexual harassment unlawful in the employment, education and training
environment);
14. RA 8042 (Migrant Workers and Overseas Filipinos Act of 1995);
15. RA 6955 (Anti Mail Order Bride Act);
16. RA 8353 (Anti-Rape Act);
17. RA 8343 (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 other purposes);
18. RA 8505 (Rape Victim Assistance Act);
19. RA 9208 (Act which Institutionalizes 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 violation and for
Other Purposes);
20. RA 9165 (Comprehensive Dangerous Drugs Act of 2002);
21. RA 8551 (Philippine National Police Reform and Reorganization Act of 1998);
22. RA 7876 (Senior Citizens Act of the Philippines,1995);
23. RA 9257 (Expanded Senior Citizens Act of 2003);
24. RA 9994 (Expanded Senior Citizens Act 2010);
25. RA 386 (Civil Code of the Philippines);
26. RA 9442 (Magna Carta of Persons with Disabilities)
27. RA 7392 (Philippine Midwifery Act of 1992)
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28. RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination
Act);
29. RA 8980 (Early Childhood Development Act of 2000);
30. RA 9288 (The Newborn Screening Law of 2004);
31. RA 7600 (Rooming-in and Breastfeeding Act of 1992);
32. RA 9344 (Juvenile Justice and Welfare Act of 2006);
33. RA 6972 (Act Establishing a Day Care Center in Every Barangay);
34. RA 8552 (Domestic Adoption Act of 1998)
35. RA 8043 (Inter-Country Adoption Act of 1995)
36. E.O. 209 (Family Code of the Philippines)
37. PD 603 (The Child and Youth Welfare Code)
38. PD 442 (The Labor Code of the Philippines)
39. PD 807 (Civil Service Decree of the Philippines)
40. BP 334 (An Act to Enhance the Mobility of Disabled Persons by Requiring Certain
Buildings, Institutions, Establishments and Public Utilities to Install Facilities and Other
Devices);
41. DOH Administrative Order No. 2008-0029 (Implementing Health Reforms for Rapid
Reduction of Maternal and Neonatal Mortality)
42. Other Related Administrative Issuances of the Department of Health.
2.4 STATE OBLIGATIONS AND COMMITMENTS:
1. UN Convention on the Elimination of All Forms of Discrimination Against Women (UNCEDAW) or the International Bill of Rights for Women which calls for gender equality in all fields
(civil and political spheres, economic, social, cultural and family life), affirmative action for women
and protection of women from violence;
2. The Beijing Platform of Action (BPA) which calls for action on 12 areas of concern
affecting women, namely (1) women and poverty’; (2) education and training on women; (3) women
and health; (4) violence against women ; (5) women and armed conflict; (6) women and the
economy; (7) women in power and decision making; (8) institutional mechanisms for the
advancement of women; (9) human rights of women; (10) women and the media; (11) women and
the environment; and (12) the girl child. It also seeks to remove obstacles to women’s full and
equal participation in all spheres of life, protects women’s human rights and integrates women’s
concerns in all aspects of sustainable development;
3. Millennium Development Goals (MDGs) provide a clear recognition that gender equality
is important in achieving all of the development goals;
4. Convention on the Rights of the Child;
5. International Conference on Population and Development (ICPD) Program of Action.
6. Universal Declaration of Human Rights (UDHR)
7. Rio Declaration on Sustainable Development
SECTION 3. Declaration of Principles and Policies. It shall be the policy of the Local
Government of the Municipality of Barugo, herein after referred to as “The Municipality”, to uphold the rights
of women, men and children, believe in their worth, and protect their dignity as human beings;
Women shall be recognized as full and equal partners of men in the development of our nation,
sharing equality in their responsibilities and enjoying equally in the fruits thereof;
The Municipality shall facilitate the full development of women’s potentials towards the
improvement of the quality of their lives, their families and that of their communities; and
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The Municipality is fully cognizant of women’s efforts towards empowerment and selfdetermination, to vigorously pursue and implement gender-responsive development policies, design an
integrated gender and development support systems, and implement measures to protect and promote
their rights.
TO ATTAIN THE FOREGOING POLICY:
1. A reasonable amount from the official development assistance received from foreign governments
and multilateral agencies and organizations shall be set aside by the Municipality to support
programs and activities for women in accordance with the provisions of RA 7192, otherwise known
as the Women in Development (WID) and Nation Building Act, provided that it shall conform with
the requirement and conditions set forth by the funding agencies.
2. The Municipality shall ensure that women benefit equally and participate directly in all programs
and projects whether initiated by government or private entities.
3. All government project proposals shall ascertain the inclusion of gender responsive indicators and
guidelines focusing on gender equality and women empowerment, pursuant to the United Nations
Declarations of which the Philippine Government is a signatory.
4. All local government departments and agencies in the Municipality shall review and revise all their
regulations, circulars, issuances and procedures to remove gender biases herein and shall
complete the same within two years from approval of this Code.
5. The Municipal Gender and Development Council (MGADC) of the Municipality shall be actively
consulted in policy formulation, planning and project development so as to determine gender
biases and implications on women.
SECTION 4. Related Principles. (a.) To facilitate the development of the full potentials of women,
the Municipality hereby adopts the following rights defined and declared under the United Nations
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW):
1. Women have the right to the prevention of, and protection from all forms of violence and coercion
against their person, their freedom, their sexuality, and their individuality;
2. Women have the right to freely and duly participate, individually or collectively in the political
processes of their communities and nation;
3. Women have the right to the means for assuring their economic welfare and security;
4. Women have the right to the necessary knowledge and means for the full exercise of their
reproductive choice with the constitution and their beliefs and preferences;
5. Women have the right to choose a spouse in accordance with their values and preferences,
maintain equality in marriage or its dissolution, and receive adequate support for rearing and caring
of their children;
6. Women have the right to an adequate, relevant and gender-fair education throughout their lives,
from childhood to adulthood;
7. Women have the right to adequate nutrition, proper health care and humane living conditions;
8. Women have the right to nurture their personhood, collectively and individually, to secure an image
of themselves as whole and valuable beings, to build relationships based on respect, trust and
mutuality; and
9. Women have the right to equality before the law, in principle and in practice, and should not be
viewed as second class to men but as partners of men in development.
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(b.) In the light of historical gender biases, inequalities and inequities, this local legislation will
provide the Local Government a policy direction to formulate programs and strategies, among others, that
will:
1. Mainstream gender concerns in sectoral development plans, policies and program.
2. Intensify awareness campaign on gender issues and concerns.
3. Strengthen GO-PO-NGO partnership to maximize the effectiveness of programs and services
addressing Gender and Development (GAD) concerns.
4. Encourage, support and expand the participation of grassroots women in the planning,
implementation, monitoring and evaluation of development programs and projects.
5. Recommend academic curricula, alternative learning programs, technical education and trainings
that are gender-sensitive.
6. Provide gender-responsive relief and rehabilitation programs with special focus on the needs of
women, elderly and the differently-abled persons/persons with disability.
7. Involve men in responsible parenting and family planning programs, health and child care and
nutrition concerns and engage them in projects that enhance the well-being of the family.
8. Provide gender sensitive facilities and services for survivors of violence, disasters and other social
conflicts. Promote gender sensitivity in local media and advertising agencies.
9. Increase the participation of women in decision and policy-making in their respective sectors and
promote women involvement in leadership and governance through implementation of capability
building programs.
Section 5. Definition of Terms. The following terms or phrases when used in this Code shall
mean as follows :
ACCESS - in the development context, the means or right to obtain services, products and
commodities; an opportunity for a person to make use of existing political, economic and time
resources or benefits; and in the context of the Gender Equality and Women’s Empowerment
Framework, access to resources and services is an objective to gender equality.
ADVOCACY – a conscientization strategy concerned with increasing people sensitivity to the
implications of gender inequality and demand that problems of gender discrimination be identified
and overcome in policies and programs.
BATTERING – a series of physical, emotional and psychological abuse. It is repeated and habitual
cyclic patterns as means of intimidation and imposition of the batterer’s will and control over the
survivor’s life. It constitutes the following kind of behavior but is not limited to:
a. Sexual battering – this includes physical attacks on the woman’s breast, genital or forced
sexual activity;
b. Psychological battering – this includes threats of suicide, violence against women or her
family, punching holes in the walls, threatening to take the children away, threatening
deportation of wives with foreign citizenship, threatening to kidnap children or take them to
a country and forcing the victim to do degrading things. It may also include controlling the
victim’s lawful or usual activities, the use of fowl words or statements and threats or
abandonment and expulsion such as forcing the wife to leave the conjugal dwelling. This
provision shall likewise apply to common law relations but does not include adulterous
ones as contemplated in the Revised Penal Code.
c. Economic battering – this includes deprivation of women of economic resources, their
generation and mobilization so as to create dependency and submissiveness to men and
to any established structures of domination.
d. Premeditated and intentional destruction of property and pets usually the victim’s favorite.
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BENEFIT DISCO – refers to a dance in the locality, i.e. Binaydance, Discodal and other variations,
where women are commodified for fund raising purposes.
COLLATERAL RELATIVES – next of kin of debtor, related not in a direct or inheritance line such
as cousin, who are made to work for the creditor/lender as a form collateral/payment for the debt
incurred by the debtor.
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 for manipulation and utilization
for one’s sexual desire or interest, usually in exchange of money or goods so that women have no
power or control to reject such utilization or manipulation.
DEVELOPMENT – the improved well-being, or welfare, of people and the process by which this is
achieved. The sustained capacity to achieve a better life.
DIFFERENTLY-ABLED PERSON/PERSON WITH DISABILITY – those who experience one or a
combination of physical and/or mental impairment with distinct needs and potentials.
Those with lack of competent physical and mental faculties; or the absence of legal
capability to perform an act.
Those suffering from incapacity to exercise all the legal rights ordinarily possessed by an
average person. Convicts, minors, and incompetents are regarded to be under a disability. The
term is also used in a more restricted sense when it indicates a hindrance to marriage or a
deficiency in legal qualifications to hold office.
Those hearing impaired; those who lost physical function resulting in diminished efficiency;
those with physical and/or metal inability to work.
DISCRIMINATION – overt behaviour in which people are given different and unfavorable treatment
on the basis of their race, ethnicity, class, sex, age, religious beliefs and disabilities; any practice,
policy or procedure that denies equality of treatment to an individual/group.
DISCRIMINATION AGAINST WOMEN – refers to any gender-based distinction, exclusion, or
restriction which has the effect or purpose of impairing or nullifying the recognition, enjoyment, or
exercise by women, irrespective of their marital status, on a basis of equality of men and women,
of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any
other field.
It includes any act or omission, including by law; policy, administrative measure, or
practice, that directly or indirectly excludes or restricts women in the recognition and promotion of
their rights and their access to and enjoyment of opportunities, benefits, or privileges.
A measure or practice of general application is discrimination against women if it fails to
provide for mechanisms to offset or address sex or gender-based disadvantages or limitations of
women, as a result of which women are denied or restricted in the recognition and protection of
their rights and in their access to and enjoyment of opportunities, benefits, or privileges; or women,
more than men, are shown to have suffered the greater adverse effects of those measures or
practices.
Provided finally, that discrimination compounded by or intersecting with other grounds,
status, or condition, such as ethnicity, age, poverty, or religion shall be considered discrimination
against women under this Code.
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EMPOWERMENT - refers to a process by which women are mobilized to understand, identify and
overcome gender discrimination.
FUND RAISING INITIATIVES – refers to any activity, whether in whole or in part integrated in any
raffle draw, benefit or disclosure, premier showing of movies, or any similar fund raising
undertaking where women are used as donor prize, substitute for cash prizes won, a companion
package for an award prize or recognition or any manner, activity, come-on display or exhibits
which depicts a woman as central, partial or special focus in order to raise funds.
GAD BUDGET – a portion of an agency’s or local government unit’s annual appropriation which is
not an additional amount over and above its regular budget; the allocation of a substantial amount
for implementing programs, projects and activities that address gender issues; the cost and
sources of financing a GAD Plan.
GAD FOCAL POINT/PERSON – a mechanism created in all government offices to ensure the
implementation, monitoring, review and updating of GAD plans; a person or group of persons
tasked to facilitate and monitor the implementation of gender mainstreaming in each government
agency.
GAD PLAN – a systematically designed set of programs, activities and projects with clear
objectives for addressing gender issues and appropriate strategies and activities with monitoring
and evaluation indicators; a blueprint of how an agency can achieve gender responsiveness; a set
of interventions designed to transform gender-blind agencies into organizations with a gender
perspective; an instrument to make all aspects of the agency and its work gender-responsive; it
provides the basis for the GAD budget.
GAD RESOURCE CENTER – a space or area where GAD Focal point can conduct related
documentation, researches and information dissemination and accommodate stakeholders for
GAD related information.
GENDER refers to the differentiated social roles, behaviour, capacities and intellectuals, emotional
and social characteristic attributed by a given culture to women and men, in short all differences
besides the strictly biological. There are two kinds of gender: masculine ascribed to the male sex
and feminine ascribed to the female.
GENDER AND DEVELOPMENT- shall refer to a development perspective which promotes greater
focus on people both as development agents and participant. It encourages the equal contributions
of women and men in all aspect/sectors of development. Such a perspective involves the process
of searching of new and innovative initiatives which help transform unequal gender relations into
opportunities which equally/equitably both men and women. It recognizes that the unequal relation
between women and men is a major deterrent to social and economic progress. It acknowledges
that the difficulties encountered by women have to be addressed to ensure their effective
participation in development. It envisions a future society where women and men equally contribute
to and benefit from development.
GENDER EQUALITY – is the role required by or expected of women and men as prescribed by
society. As a key to development, gender equality means the equal empowerment and
participation of women, men and other subgroups of society, i.e. homosexuals, in all spheres of
public and private life.
GENDER-FAIR – a situation where women and men share equally in responsibilities, power,
authority and decision- making.
GENDER ISSUES AND CONCERNS – issues, concerns and problems arising from the distinct
roles of women and men and the relationships between them; affairs and involvement arising from
societal expectation and perception on the roles of women and men reflected in and perpetuated
by law, policies, procedures, systems, programs, activities and projects of the government. These
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impede the opportunities for women to participate in the development process and enjoy its
benefits.
GENDER MAINSTREAMING – refers to the strategy of integrating gender and development
concerns and issues at all levels.
GENDER PERSPECTIVE – way of viewing issues and problems that take into consideration the
different realities of women’s and men’s lives and recognizing that there is an unequal relationship
between the two.
GENDER RESPONSIVENESS – the consistent and systematic attention given to the differences
between women and men in society with a view to addressing structural constraints to gender
equality.
GENDER STATISTICS – information and data that provide not only comparisons between women
and men but ensure that women and men’s participation in and contribution to society are correctly
measured and valued.
GENDER SENSITIVE/RESPONSIVE – having an understanding of the marginalized position of
women and consciously challenging the attitudes and behavior that reinforce women’s subordinate
status.
GENDER SENSITIZATION – is an experimental and critical process of learning and unlearning of
an individual female or male of the causes and effects of the culturally determined roles of women
and men.
GENDER SENSITIVITY TRAINING – means providing people with formal learning experience in
order to increase their awareness. The overall purpose of the training is to provide the knowledge
and skills necessary to recognize and address gender issues in the programming process. At the
center of the learning process is the conscientisation, involving the ability to recognize the
underlying issues of gender equality which form a pervasive obstacle to program progress.
INDECENT SHOWS – Public staging of indecent shows or shows offensive to the sensibilities of
the public or tends to corrupt the morality of the youth. It includes nude and/or other provocative
gestures/acts in public or private places which further project and exhibit women and children as
sex objects for commercial and entertainment purposes.
INDIGENOUS PEOPLE – a group of people who have continuously lived as organized community
or communally bounded and defined territory, and who have under claims of ownership since time
immemorial occupied possessed and utilized such territories sharing common bonds of language,
customs, traditions and other distinctive cultural traits, they are regarded as indigenous on account
of their decent from the populations who inhabited the country at the time of conquest or
colonialization and who retain some or all of their own social, economic, cultural and political
institution and have been displaced from their traditional domains or who may have remitted
outside their ancestral domain.
INFORMAL SECTOR, Women in – The informal sector may be broadly characterized as
consisting of units engaged in the production of goods or services with the primary objective of
generating employment and incomes to the persons concerned. These units typically operate at a
low level of organization, with little or no division between labor and capital as factors of production.
Production units of the informal sector have the characteristic features of household enterprises.
Household enterprises, which are exclusively engaged in non-market production, i.e. the
production of goods or services for own final consumption should be excluded from the scope of
the informal sector for the purpose of statistics of employment in the informal sector
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LAND-BASED PROJECTS – are projects designed systematically in order to provide women the
opportunity to have full-access and control over the maximum utilization of land and other
indigenous resources.
LOCAL ECONOMIC DEVELOPMENT – is the process by which actors within the localities
(governments, private sector and civil societies) work collectively with the result that there are
improved conditions for economic growth, employment generation and quality of life.
MIDWIFE – is any person engaged/exercising the practice of midwifery.
MIDWIFERY, Practice of. — The practice of midwifery consist in performing or rendering, or
offering to perform or render, for a fee, salary, or other reward or compensation, services requiring
an understanding of the principles and application of procedures and techniques in the supervision
and care of women during pregnancy, labor and puerperium management of normal deliveries,
including the performance of internal examination during labor except when patient is with
antenatal bleeding; health education of the patient, famIly and community; primary health care
services in the community, including nutrition and family planning in carrying out the written order
of physicians with regard to antenatal, intra-natal and post-natal care of the normal pregnant
mother in giving immunization, including oral and parenteral dispensing of oxytocic drug after
delivery of placenta, suturing parietal lacerations to control bleeding, to give intravenous fluid
during obstetrical emergencies provided they have been trained for that purpose; and may inject
Vitamin K to the newborn. The definition does not apply to students in midwifery schools who
perform midwifery service under the supervision of their instructors, nor to emergency cases.
MINORS – refers to persons below 18 years of age and unable to take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination.
MAIL ORDER BRIDE – is a practice where a woman establishes personal relationships with a
male foreign national via mail or similar means upon recruitment by an agency operating for the
purpose.
OTHER PLACES OF AMUSEMENT – include all other places of amusement not specifically
enumerated or otherwise provided for in this code, included but not limited to night clubs or day
clubs, cocktail lounges, super or family clubs, disco houses , minus-one or sing-along houses, bars
or beerhouses gardens, fast food center showing sports competitions, replay videocassette
films/movies and other places of amusement where one seeks admission to entertain oneself by
seeing or viewing or by direct participation.
PARTICIPATION – the direct involvement of the marginalized in the development process to build
their capability to access and control resources, benefits and opportunities so as to gain selfreliance and an improved quality of life.
PEDOPHILIA – when an adult has sexual desire for children or sexual intercourse or act of
lasciviousness by an adult with a child.
PERSONS WITH DISABILITY – are those with physical impairments that have differentiated
needs and potentials.
PERSONS WITH SEXUAL PREFERENCE – persons of either the female or male sexes who by
choice prefer to identify themselves other than their natural identity. This includes lesbians, gays,
bisexuals, transgendered etc.
PLACES OF AMUSEMENT – includes theaters, cinemas, concert halls, circuses and other places
of amusements when one seeks admission to entertain oneself by seeing viewing the show or
performances.
PORNOGRAPHIC PICTURES, PUBLICATIONS AND/OR MATERIALS – written, graphic or
other/any forms of communications intended to entertain lascivious feelings.
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PROSTITUTION – is the sale, purchase and exchange of women and minors for sexual
exploitation for each project or other economic considerations by an individual including but not
limited to pimp, procurer of the service parents, owners of establishments such as hotels and
restaurants and any other persons who uses various schemes to prostitute women and minors. It is
the act as defined under the Revised Penal Code of the Philippines and shall be recognized as a
violation of human rights and exploitation of women who have no real choices for survival.
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. It constitutes 10 elements namely:
a. Maternal and Child Health and Nutrition
b. Family Planning
c. Prevention and Treatment of Reproductive Tract Infection (RTI) including STD, HIV
and AIDS
d. Prevention and Management of Abortion Complication
e. Education and Counselling on Sexuality and Sexual Health
f. Prevention and Treatment of Infertility and Sexual Disorders
g. Men’s Reproductive Health
h. Violence Against Women
i. Adolescent Reproductive Health
REPRODUCTIVE HEALTH AND SEXUALITY EDUCATION – state of complete physical, mental
and social-well being and not merely the absence of disease or infirmity, in all matters relating to
reproductive system and to its functions and processes.
RESPONSIBLE PARENTHOOD – it refers to the will and ability of parents to respond to the needs
and aspiration of the family and children.
ROOMING-IN - the practice of placing the newborn in the same room as the mother right after
delivery up to discharge to facilitate mother-infant bonding and to initiate breastfeeding. The infant
may either share the mother's bed or be placed in a crib beside the mother.
SEX – refers to the natural distinguishing variable based on biological characteristics of being a
woman or a man; also refers to the physical attributes pertaining to a person’s body contours,
features, genitals, hormones and reproductive organs.
SEXISM – system and practice of discriminating a person on the basis of sex.
SEX-DISAGGREGATED DATA – statistical information that differentiates between women and
men and allows one to see where the gaps are in their position or condition.
SKILLED BIRTH ATTENDANT (SBA) - is defined as deliveries conducted with the presence of a
doctor, nurse, or midwife.
SUPPORT GROUP – a number of persons who provide assistance to keep a person from falling or
declining in a crisis situation.
SURVIVOR-VICTIM – one who endures any act of gender-based violence that results in physical,
sexual or psychological harm or suffering including threats of such acts, coercion or arbitrary
deprivation of liberty, whether occurring in public or private.
TRADITIONAL HILOT – are persons engaged in birth deliveries who are not skilled birth
attendant(s) like skilled doctors, nurse or midwife.
WOMEN’S ECONOMIC EMPOWERMENT – a state wherein women have access to and control
over high-value productive resources and enjoys the benefits from wealth-creating opportunities
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equal with men including information, credit, loans or financial assistance, training, market,
technology, descent jobs and human working conditions and balanced family life.
WOMEN IN BUSINESS – are women engaged in business and are duly licensed/accredited to do
such business within the jurisdiction of the Municipality of Barugo.
Section 6. Acronyms. The following acronyms when used in this Code shall mean as follows:
AIDS
AIP
BPA
CEDAW
BPO
CDP
CLUP
CODI
DBM
DILG
DRRM
GAD
GO
GSIS
HIV
ICPD
IEC
IRR
LCCC
LDRRMC
LGBT
LGU
MCW
MDGs
MGADC
NCRFW
NGO
OFW
OWWA
PAO
PCW
PESO
PhilHealth
PO
PPAs
PPGD
PTA
PWD
RA
RD
RTI
SB
SC
STD
SSS
TPO
UDHR
UN
WID
Acute Immune Deficiency Syndrome
Annual Investment Plan
Beijing Platform of Action
Convention on the Elimination of All Forms of Discrimination Against Women
Barangay Protection Order
Comprehensive Development Plan
Comprehensive Land Use Plan
Committee on Decorum and Investigation
Department of Budget and Management
Department of the Interior and Local Government
Disaster Risk Reduction and Management
Gender and Development
Government Organization
Government Service and Insurance System
Human immunodeficiency virus
International Conference on Population and Development
Information Education Communication
Implementing Rules and Regulations
Local Climate Change Council
Local Disaster Risk Reduction and Management Council
Lesbian Gay Bisexual Transexual
Local Government Unit
Magna Carta of Women
Millennium Development Goals
Municipal Gender and Development Council
National Commission on the Role of the Filipino Women
Non-Governmental Organization
Overseas Filipino Worker
Overseas Workers Welfare Association
Public Assistance Office
Philippine Commission on Women
Public Employment Service Office
Philippine Health Insurance Corporation
People’s Organization
Program Plan of Action/Activities
Philippine Plan for Gender and Development
Parent Teacher Association
Person with Disability
Republic Act
Responsive Development
Reproductive Tract Infection
Sangguniang Bayan
Senior Citizen
Sexually Transmitted Disease
Social Security System
Temporary Protection Order
Universal Declaration of Human Rights
United Nations
Women in Development
11
ARTICLE II
GENDER AND DEVELOPMENT PROGRAM
SECTION 1. Integrated Gender and Development Program - The Municipality shall ensure the
integration of Gender and Development (GAD) in the local planning and budgeting system through the
formulation of GAD plans as stipulated in DILG-DBM-NCRFW Joint Memorandum Circular No. 2001-01
“GUIDELINES FOR INTEGRATING GENDER AND DEVELOPMENT (GAD) IN THE LOCAL PLANNING
SYSTEM THROUGH THE FORMULATION OF GAD PLANS.”
The Municipality shall ensure that the Philippine Plan for Gender Responsive Development
(PPGD) which was adopted through Executive Order 273 is implemented for women in relation to the
services stipulated in Republic Act 7160 of the Local Government Code of 1991 particularly Sections 16 &
17 and other related provisions.
The Municipality shall ensure that all barangays under its jurisdiction shall prepare a GAD plan
addressing gender issues of their locality following Sections 16 and 17 of the Local Government Code of
1991 and other related provisions.
The Municipality shall integrate gender concerns in the formulation of the Comprehensive Land
Use Plan (CLUP), Comprehensive Development Plan (CDP), and Annual Investment Program (AIP).
The formulation of the GAD plan shall follow the regular planning and budget calendar and shall
anchor on the existing CLUP,CDP and AIP;
It is the responsibility of the GAD Focal Person in coordination with Municipal Planning and
Development Coordinator to ensure that GAD PPA’s are integrated in the local planning process.
Section 2. Support to Gender Studies. The Municipality shall establish a GAD Resource Center
and shall ensure the allocation of funds for its establishment including the realization of gender related
documentation, researches and information dissemination which shall form part of the Municipality’s data
base system and GAD resource center.
Section 3. Popularization of Gender-fair materials. The Municipality shall ensure active
promotion and publication of gender-fair materials in popular forms.
Section 4. Integrated Gender Sensitive and Environment – Friendly Zonification Plan. An
Integrated Gender-Sensitive and Environment-Friendly Zonification Plan for the Municipality shall be
established taking into consideration among others the following:
a. Relocation of communities shall not deprive anyone of their sources of livelihood.
b. Allocation of 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.
Section 5. Community-Based Environment Plans and Programs. The Municipality shall
engage in gender-sensitive natural resources-based management program. It shall promote the active role
of women in environmental impact assessment.
Both women and men shall participate in pollution control, zero waste technology development and
management, coastal and freshwater resource protection and management, reforestation and
conservation.
Section 6. Promotion of Appropriate Technology. The Municipality shall actively promote the
use of appropriate technology that is efficient and safe for everybody’s well being.
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.Section 7. Gender Sensitivity Training. The Municipality shall ensure that all municipal
employees and barangays in the municipality shall be required to attend or undergo Gender Sensitivity
Training (GST).
Except that, in other agencies such as, but not limited to schools, business offices, establishments
or companies, national and government agencies, non-government organizations (NGO’s), people’s
organizations (PO’s) and cooperatives within the Municipality shall be encouraged to attend and undergo
GST. In the conduct thereof, the LGU may assist and/or initiate in the conduct of the training.
In all cases, they shall equip themselves with theoretical and practical knowledge on gender issues
and concerns, be aware of national and local laws and policies and their impact on women and family, and
use assessment tools for gender responsiveness.
Section 8. Special Paralegal Education/Training, Counseling and Arbitration. A special
paralegal education and/or training on gender issues, peace and order, rights of women and children under
the law, and other related matters, shall be conducted for the Lupong Tagapamayapa/Tagapagkasundo,
Barangay Officials, Barangay Tanods, and Barangay VAW Desk and Barangay Human Rights Action
Officers.
The Municipality shall undertake legal education and training for community leaders, Barangay
officials and members of the Lupong Tagapamayapa/Tagapagkasundo on legal counseling and arbitration
to capacitate community workers to facilitate resolution of cases and family conflicts at the barangay level
in cases allowed by law.
Section 9. Training on Non-Traditional Occupation. Women shall be given opportunity to
acquire training on non-traditional occupations such as those related to science and technology. Likewise,
men should be given opportunities to undertake training on non-traditional occupation for males such as
housekeeping and care giving.
Section 10. The Municipality shall ensure collection of sex-disaggregated data, and utilization of
the same for planning and program implementation and update such data when the need arises.
ARTICLE III
MUNICIPAL GOVERNMENT ACTION THROUGH THE MUNICIPAL GAD COUNCIL
Section 1. Organization of Municipal GAD Council (MGADC). There shall be a Municipal GAD
Council composed of the following:
Chairperson :
Local Chief Executive/Municipal Mayor
Co-chairperson:
Selected from among the members of the Council by majority vote
Members:
a. Local Government:
1. Municipal Planning and Development Coordinator
2. Municipal Social Welfare and Development Officer
3. Municipal Health Officer
4. Municipal Agriculturist
5. Municipal Budget Officer
6. Liga ng mga Barangay President
7. Sangguniang Kabataan Federation President
8. Chief of Police
9. DepEd Supervisor
10. Municipal Treasurer
11. Municipal Accountant
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12.
13.
14.
15.
16.
Municipal Engineer
Civil Registrar
Municipal Assessor
Municipal Local Government Operations Officer
SB Chair of the Committee on Gender and Development
b. Public & Private sector:
1. Women in the informal sector
2. Women in cooperatives
3. LGU employees association representative
4. High school student representative (federation)
5. Women member of fisherfolks associations
6. Women member of the farmers association
7. Faith Community representative
8. Senior Citizens President
9. Barangay Health Worker representative
10. Barangay Supply Point Officer representative
11. Barangay Nutrition Scholar representative
12. Food Processor/Handlers representative
13. Women in business
14. PWD’s/Differently-abled Persons
15. LGBT and/or Persons with sexual preference
16. Barangay. Day Care Worker representative
17. PTA Federation President
18. Transport Group representative
19. Solo Parent representative
Section 2. Powers, Functions, Roles and Responsibilities. The Municipal Gender and
Development Council shall have the following powers, functions, roles and responsibilities:
a. Promulgates Rules and Regulations as maybe necessary for the implementation of the
Modified/Amended GAD Code of the Municipality;
b. Integrates the GAD Code in the development plans of the municipality;
c. Prepares an annual GAD Plan based on the provisions of the Code and on the Comprehensive
Development Plan of the Municipality;
d. Integrates the annual GAD Plan in the annual investment program;
e. Recommends priority projects and programs under GAD. Provided further, that only prioritized
projects and programs can be charged against the mandatory GAD funds;
f. Allocates resources for the implementation of the GAD Plan to be considered as the GAD
Budget;
g. Undertakes consciousness raising programs and projects through:
 Information, Education and Communication (IEC) campaigns throughout the
municipality;
 Development of social marketing plans and materials;
 Research and Documentation on gender concerns;
 Establish and maintain a database on GAD statistics and related data;
 Local Gender Situationer and updates;
 Document good practices on gender.
h. Coordinates with agencies, organizations and institutions at all levels for the realization of the
provision of this Code;
i. Ensures that the implementation of this Code shall have realistic, measurable and tangible
results, and develops mechanisms to ensure timely, coordinated and effective response to all
GAD concerns;
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j.
Conducts monitoring and evaluation of policies, programs, projects and activities by employing
GAD monitoring indicators and evaluation checklists and tools as provided for by the Philippine
Commission on Women (PCW) and related agencies;
k. Prepares annual GAD report regarding the accomplishments, good practices and lessons on
GAD.
l. Call and/or conduct meetings related to the foregoing functions.
SECTION 2. The MGAD Council shall appoint a Focal Person and also organize a Secretariat.
Technical Working Groups shall be organized composed of the members of the council to carry out the
Council’s programs and projects.
SECTION 3. At the barangay level, similar structure, GAD Planning and Budgeting, and/or
appointment of a GAD Focal Person in the Barangay GAD Council shall be instituted whenever
appropriate.
SECTION 4. The functions, roles and responsibilities of the Barangay GAD Council and/or GAD
Focal Point shall consider that of the municipal level as deemed appropriate.
Section 5. Funds for the Council. Funds shall be allocated for the council from the GAD funds
and other sources.
Section 6. Women & GAD related Events. The Municipality shall observe the following Women
and GAD related celebrations:
1. International Women’s Day
2. Women’s Month Celebration
3. International Day of Action for Women’s Health
4. Breast Cancer Awareness Month
5. Volunteers Month
6. Family Week Celebration
7. Universal Children’s Month
8. Rural Women’s Day
9. International Day of Protest Against Gender Violence
10. Senior Citizen’s Week
11. PWD Week
12. World AIDS Day
- MARCH 8
- MARCH
- MAY 28
- OCTOBER
- DECEMBER
- 3rd week of SEPTEMBER
- OCTOBER
- OCTOBER 15
- NOV. 24 to DEC. 10
- OCTOBER 3 to 9
- 3rd week of JULY
- December 1
Section 7. Trainers Pool. There shall be a municipal pool of trainers on Gender Sensitivity and
other GAD related trainings who shall conduct trainings and seminars up to the barangay level.
To produce competitive trainers, the MGAD Council shall determine the qualification standards for
trainers pool and to constantly enhance their knowledge and skills
Section 8. Incentives and Awards on GAD. The Municipal Government shall establish an
incentives and awards system for the following, which incentive and awards shall be taken from the 5%
GAD budget:
a. Women achievers
b. Most Gender Responsive Barangay using GeRL tool
c. Outstanding PO’s
d. Outstanding WME
e. Outstanding volunteer
The MGAD Council shall determine the qualifications and requirements of the awardee.
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CHAPTER II - SECTORAL PROVISIONS
ARTICLE IV
HEALTH
Section 1. Statement of Policy. No woman shall be denied of basic health services such as those
declared by the World Health Organization as necessary to respond to basic health needs especially those
that relates to reproductive health care on purely financial grounds or lack of access thereto.
Women shall have the right to adequate education, humane living condition, proper and
comprehensive health care and nutrition, health information and education; to be free from all forms of
violence, including those committed by the State; to be protected and secured in times of disaster,
calamities and other crisis situations; to participate and be represented in different sectors; to enjoy equal
treatment before the law; to gain equal access and be free from discrimination in the field of education,
scholarships, training, employment and other similar services; to enjoy a non-discriminatory and nonderogatory portrayal of women in media and film; to avail leave benefits; to enjoy equal rights in all matters
relating to marriage and family relations; and to be guaranteed of their civil, political and economic rights in
the marginalized sectors.
Section 2. Budget for Women’s Health. A substantial portion of the health budget of the
Municipality shall be allocated for women’s health services.
Section 3. Women’s Right Over Their Bodies. Women’s decision to prevent and control
pregnancy without necessarily resulting to abortion shall be respected and given appropriate support and
guidance by all health professionals, private or public, at very minimal cost.
Section 4. Access to Safe Water in the municipality. The Municipality shall provide easy access
to safe water supply. Appropriate water systems shall be installed to ease women’s workload brought about
by the lack of this facility.
Section 5. Gender Fair and Quality Health Care Delivery Service. The Municipality through the
Municipal Health Office shall ensure the implementation of a quality health care services that are not
discriminatory as to gender, age, religion or political affiliation, ethnicity and/or financial capacity.
Section 6. Reproductive Health Services. No hospital or medical facility operating within the
territorial jurisdiction of the Municipality shall deny reproductive health services to any woman by reason of
the latter’s poverty or indigency.
Section 7. Rooming-in Practice in child delivery. – The Municipality shall ensure to have in its
municipal birthing unit an area to place the newborn in the same room as the mother right after delivery up
to discharge to facilitate mother-infant bonding and to initiate breastfeeding.
Section 8. Reproductive Health Care Delivery. – The Municipality shall adopt the reproductive
health care delivery approach which integrates issues considered central to population, sexually
transmitted and reproductive tract infections, gender power relations and domestic violence and shall not
be limited to family planning and child bearing.
Section 9. Prohibited Child Delivery Practice. In order to safeguard the health and safety of both
the mother and child, traditional child delivery by “hilots” shall be strictly prohibited from assisting and
performing birth deliveries in consonance with existing laws and regulations.
The Municipality shall ensure that no home child deliveries shall be conducted by midwives and/or
traditional “hilots”. Except in emergency cases, in the case of a duly designated midwife in barangays, birth
delivery procedure may be conducted in such a manner as may be allowed by law.
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Any person violating this provision shall be subject to a penalty of not less than P1,000.00 but not
more than P3,000.00 or an imprisonment of 6 months to 1 year, or both at the discretion of the court.
Provided that in the case of a public official/employee violator, administrative sanctions shall likewise apply
under any applicable law.
Section 10. Information/Education on Women’s Health. The Municipal Health Office in
collaboration with the Provincial/Municipal Health Board and other institutions shall endeavour to improve
the implementation of education/information campaign on women’s health. In connection with this, the
Municipality shall facilitate the celebration of the International Day of Action for Women’s Health every May
28 of each year where issues and concerns relative to the protection of and promotion of women’s health
shall be examined, deliberated, projected and addressed.
Section 11. Protection Against Drug Abuse. The Municipality shall activate the Local Police in
coordination with the Barangay Officials and Tanods to ensure non-proliferation of illegal drug activities and
apprehend any violators pursuant to the Comprehensive Dangerous Drugs Act of 2002 or RA 9165.
Section 12. Involvement of Men. The Municipality shall ensure to involve men in family planning
programs, health and child care and nutrition concerns, and engage them in project(s) that enhance the
well-being of the family.
Section 13. Nutrition Program. The Municipality shall ensure that all its constituents shall have
proper nutrition. It shall address the nutrition issues and problems through the creation of nutrition
programs that will promote and alleviate the nutritional needs/problems of the Municipality, such as but not
limited to:
1.
2.
3.
4.
5.
6.
7.
Supplemental feeding;
Nutrition Education Classes;
Operation Timbang;
Monthly Monitoring 2nd – 3rd Malnourished Children;
Home Food Production (Home gardening, School Gardening, School Gardening);
___ Nutrients Supplementation (eg. Iron, Vit. B);
Nutrition Month Program.
ARTICLE V
WOMEN’S/CHILDREN’S RIGHT TO EDUCATION
Section 1. Statement of Policy. The Municipality shall endeavour to improve access of women
and children to technology-based education and training program. It shall uphold the rights of women to an
adequate, relevant and gender-fair education throughout their lives, from childhood to adulthood.
Section 2. Women Literacy and Adult Education. In cooperation with the Department of
Education, non-formal education classes for all shall be held in identified schools in the municipality to
facilitate working persons’ access to education. Anyone desiring to engage in functional and practical
education shall be enlisted in the adult education program which shall be set-up in the local government.
Section 3. Gender Fair Curricula. The Municipality shall ensure that the curricula in all schools at
all levels in the municipality promote complementary roles between women and men and provide gendersensitive materials and gender sensitivity orientation to every class.
Section 4. Special Education for Differently-Abled Women/School Age Children. The
Municipality shall ensure that all interested differently-abled women/school age children shall have access
to special education programs and ensure its support thereto.
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Section 5. Scholarship Program. The Municipality, in coordination with the Department of
Education, shall institutionalize its scholarship programs for poor but deserving students and shall not
disqualify married women and mothers with infants.
Section 6. Accessibility. The Municipality shall ensure that regular and SPED students shall have
equal access to gender-sensitive instructional materials, sports equipments/materials, school facilities and
amenities to improve learning, discipline and sports development. It shall also ensure the active
participation of women and girls in sports activities.
Section 7. Gender-Sensitivity Education. The Municipality through its Municipal Gender and
Development Council in coordination with the respective school authorities shall raise the level of
awareness of teachers, administrators and members of PTA within its jurisdiction about gender fairness
and sensitivity through trainings and/or orientations, such as but not limited to:
a. Gender-Sensitivity Orientation and Training shall be conducted to teachers, administrators
and PTA members.
b. Integration of sex and gender concepts in the formal education system, shall be encouraged
with due consideration to the level of need and comprehension of students.
c. Gender-Sensitive Instructional Materials, School Facilities and Amenities shall be provided to
improve learning and discipline. Sports equipments/materials shall be provided to girls and
boys for sports development.
Section 8. Gender-Responsive Non-Formal Education for Adults and Out-of-School Youth.
The Municipality and the Alternative Learning System of the Department of Education and other
Educational Institution within the jurisdiction of the Municipality shall endeavor to promote the following:
a. Adult and out-of-School Youth Programs – Anyone who needs and desire to engage in
literacy programs and cum livelihood education shall be encouraged and included in said
programs.
b. Technical / Vocational Education and Training through the TESDA.
c. Inclusion of discussion / lectures of pertinent laws and concerns related to women and
children and the education program for adults and out-of-school youth.
d. Life Skills Training
Section 9. Promotion of Gender-Sensitive Counseling and Career Programs. The Municipality
shall encourage Public and Private Elementary and Secondary Schools within its jurisdiction to promote
gender-sensitive counseling and career education programs for girls and boys, academic and/or technical
courses, to widen their career opportunities.
Section 10. Support for Professional Growth and Development/Self-Enhancement Training.
The Municipality shall promote and support for the implementation of following trainings:
a. ICT for untrained women and youth to encourage new technologies of communication.
b. Values Formation and Development Training for both female and male employees and other
sectors in the municipality.
c. Parent Education and Counseling Session in schools and in cluster barangays to strengthen
family ties, enrich parental responsibility and improve family relationships.
Section 11. Education on National Policies. The Municipality shall ensure educational program
on national policies for women and men to undertake on account of its implication on women, family and
children.
ARTICLE VI
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LABOR, EMPLOYMENT AND ECONOMIC OPPORTUNITIES/DEVELOPMENT
Section 1. Statement of Policy. The Municipality shall ensure that all departments and agencies
shall engage in and expand their socio-economic programs to include women as beneficiaries and
implement programs and projects designed to further capacitate women to empower them to access micro,
small and medium scale economic opportunities.
Section 2. Equal Access to Employment and Training Program. No one shall be denied of
employment opportunity on account of gender, age, ethnicity, creed, civil status and political affiliation as
prescribed in the Labor Code as amended by RA 6725. Likewise, no one shall be denied of training and
promotion in employment.
Section 3. Non-Discrimination in Terms and Conditions of Employment. – All institutions and
establishments and their employers shall implement non-discriminatory policies especially women
employees/workers with respect to terms and conditions of employment.
a. Employers shall not pay a lesser compensation, including wage, salary or other forms of
remuneration and fringe benefit to women employees/workers compared to male
employees/workers for work of equal value.
b. No employer shall discriminate against any solo parent employee and differently-abled person
with respect to terms and conditions of employment on account of their status.
Section 4. Employment Opportunities to Differently-Abled Women and Men. The Municipal
Government in partnership with appropriate national government agencies and private groups and other
entities shall develop creative employment opportunities to differently-abled persons recognizing their
differentiated conditions and potentials as human being.
Section 5. Wage and Benefits. Every employer shall comply with the minimum wage as
prescribed by the Regional Wage Board 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 6. Mechanism to Monitor Compliance with Labor Laws. – The Municipality, in
coordination with the Department of Labor and Employment (DOLE), the Civil Service Commission (CSC)
and other concerned agencies, shall establish mechanisms to monitor all offices, agencies and
establishments operating within the municipality to ensure their strict compliance with the Labor Code and
other provisions of existing laws especially those pertaining to children, women and labor. The Municipality
shall ensure the reactivation of the Barangay Councils for the same purpose.
The Municipality shall ensure that child labor regulations are not violated, including the minimum
wages at which children may work, and the number of hours children can work and other work conditions.
Information campaigns on children’s rights and child protection shall be vigorously pursued especially in
agriculture and domestic work.
Section 7. Orientation on Sexual Harassment. All local offices, schools, agencies and
establishment or companies, government and private, operating within the Municipality shall be encouraged
to conduct or sponsor orientation on sexual harassment to their respective personnel. The Municipality may
initiate the same orientation as its own instance.
Committee on Decorum and Investigation (CODI) as prescribed in the Anti- Sexual Harassment
Act shall be organized in the municipal government, schools and agencies.
Section 8. Farmland for Women Headed Families. Portion of agricultural lands, the ownership of
which is transferred to the Municipality by legal process, may be awarded to landless and indigent families
who are interested and committed to till the land, giving priority to woman-headed household. Provided,
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that conditions set by the Municipality are duly complied with by the awardee. Guidelines for the conditions
shall be set forth in the IRR of this Code.
Section 9. Healthy and Gender Fair Work Environment. The Municipality shall ensure that the
work place, private or public, actualizes the principle of equality between women and men in all aspects of
their employment. For this purpose, employers are required to:
a. provide appropriate seats for women and allow them to use during working hours, provided
they can perform their duties in this position without detriment to efficiency; provide
workers with the necessary safety gear(s) to guard against the detrimental effects of the
nature of their functions.
b. establish separate toilet rooms and lavatories for men and women and provide at least a
dressing room for women when necessary to the nature of their work.
c. provide facilities for breastfeeding, child rearing and early childhood care for parents while
on their respective jobs.
d. Institute flexible working arrangement to accommodate the various responsibilities of
women and men to their families;
e. Ensure that working environment shall be gender sensitive to prevent sexual harassment,
sexual abuse and other forms of maltreatment in the workplace as well as conducive and
safe for women and men employees/workers. They shall be treated humanely
Section 10. Inventory of Domestic Workers/Household Help. – The Municipality through the
Municipal Public Employment Service Office (PESO) in coordination with the Department of Labor and
Employment (DOLE) shall come up with an annual inventory of domestic workers/household help within the
municipality. Employers shall be required to provide information regarding their domestic
workers/household help for identification and other purposes. In appropriate cases, employers of domestic
workers/household help within the municipality shall provide the latter with social security, Philippine Health
insurance and other benefits.
The municipal government shall conduct information campaign on the rights of domestic workers
and the laws protecting them to prevent cases of maltreatment, sexual harassment and other forms of
abuse. It shall provide assistance and other forms of support to domestic workers/household help.
Section 11. Establishment of Peoples Economic Enterprise Development Center. The
Municipality shall establish People Economic Enterprise and Development Center and designate the
LRED Coordinator/Local Economic Enterprise Officer who shall perform the following functions and/or
objectives:
(1) organize women’s & men’s group engaged in livelihood,
(2) facilitate on the preparation of developmental programs of the women’s and men’s group and
(3) sustain the convergence meeting/ forum with NGAs to attract financial and technical
assistance to women’s group.
(4) such other functions as maybe necessary.
(5) offer/showcase products and services of women’s group by linking them to markets;
(6) link them to resource institutions whether government or private;
(7) conduct and support capacity building programs on technology, marketing, product
development , business, organizational management and the like;
20
(8) provide common service facilities.
(9) Assist/facilitate accreditation/registration of organized groups
The Municipality shall allocate yearly financial and technical assistance to organize and carry out
the above functions.
Section 12. Support to Migrant and Overseas Filipino Workers (OFW) and their Families.
The Municipality adopts the Migrant Workers and Overseas Filipino Act of 1995. To strengthen its
implementation in the locality, the municipal government shall create a Migrants’ Desk to coordinate and
assist in the concerns of the OFWs, especially the women and their families in the different cycles of
migration.
b. The Migrants’ Desk in coordination with the Municipal PESO shall maintain a sex
disaggregated database on departing, deployed and returning overseas migrants and relevant
information therein as well as labor migrants to be updated annually. Towards this effort, the
barangay councils shall submit relevant data annually to PESO.
c. Tracking System of legitimacy of recruitment agency/employment. The PESO shall keep a
tracking and verification system of the veracity and legitimacy of employment and recruitment
agencies, whether they are accredited by DOLE through the Philippine Overseas Employment
Administration (POEA) and shall give public information and updates on the matter. Departing
OFWs shall be encouraged to furnish the LGU with the addresses and contact persons in their
countries of destination.
d. Pre-Employment Orientation Seminar (PEOS) and Migrant Workers and Overseas Filipino Act
of 1995 (RA 8042). The PESO shall ensure that PEOS and orientation on RA 8042 are
conducted to prospective overseas workers and their families about the realities of overseas
labor and employment conditions. Services of the POEA and migrant NGOS may be tapped for
this purpose.
e.
Monitoring of OFWs during their deployment in the labor-receiving countries. The Municipality
in cooperation with the concerned families through coordination with the PESO, POEA,
Overseas Workers Welfare Administration (OWWA) and other concerned agencies and
institutions shall monitor and act with urgency any violations of RA 8042 of concerned OFWs.
f. In appropriate cases, coordinate with the Department of Foreign Affairs, concerned state
embassy, other appropriate national agencies, media sources and the like.
Section 13. Reintegration Program. To ensure that migration becomes an option rather than a
necessity, overseas workers and their families should always consider a reintegration program. Towards
this direction, the Municipality shall ensure the implementation of program(s), to wit:
a. Improving prospects for alternative employment and investments.
b. Capacity enhancement program for returning migrants or integrating skilled migrants to share
their expertise to their constituents.
c. Organizing of OFWs and/or their families. The municipal government strongly encourages the
strengthening of organization/s of OFWs and their families especially the children and
facilitates in the conduct of capacity development activities.
d. Livelihood program for returning migrant workers.
Section 14. Workers in Entertainment Industry. Women in the entertainment industry shall be
recognized as wage earners, and they shall receive minimum wages and benefits afforded to workers and
21
shall render services only in the place of work as specified in the business permit of the establishment
concerned.
ARTICLE VII
MARRIAGE AND FAMILY
Section 1. Right to marry and raise a family. Women have the right to choose their spouses in
accordance with their values and preferences, maintain equality in marriage, work for its dissolution if
needed and obtain adequate support for the rearing and caring of their children. The Municipality shall
ensure respect of these rights and protect each woman’s right to have and maintain a family.
Section 2. Right to give full and free consent to marriage. Every woman has the right to give
her free consent to marriage. Any person who shall force a woman to marry without the latter’s consent
shall be a vitiation of her free will. She has all the remedies under the laws to ventilate in order to protect
her rights.
Section 3. Right to family planning. The family shall have the right to freely determine the
number of children to have and raise. The family shall also have right to choose their own spacing method
of birthing. A woman/wife, in the event of disagreement with the husband or any family member, may
exclusively exercise these rights whenever the woman/mother’s health and the benefit of the family is
placed at risk.
Section 4. Equal rights of women & men in the family. There shall be equal rights of women
and men in the family and share parental and household responsibilities.
The Municipality shall ensure to provide measures to support and protect the rights of a
woman/man employee to maternity/paternity leave allowed by law, and to ensure that they shall have
access to adequate social security benefits.
Section 5. Right of children to Parental Care. The Municipality shall ensure that children are
not separated from the parents without due judicial process.
The Municipality shall provide measures/policies to support and champion fundamental bond of the
family.
Section 6. Rights of Children. The Municipality shall guarantee equal rights for children born out
of wedlock and those born in wedlock. Legally adopted children shall have the same rights of that enjoyed
by a legitimate child.
The Municipality shall ensure the best interests of the children, guard them against exploitation and
abuse in any form detrimental to their growth and development.
The Municipality, through the MSWD, shall ensure to lay down standards governing the treatment
of children who do not have parents and/or guardians, and to adopt measures to ensure that any fostering,
adoption or inter-country adoption process availed of by and/or for the child shall be for the best interest of
the latter.
The Municipality shall ensure protective services and local structure able to provide safer
environment for children to prevent child abuse and trafficking
Section 7. Organization and Functionalization of Local Councils for the Protection of
Women and Children. The Municipality shall ensure that a Municipal Council for the protection of women,
children and trafficked persons is duly organized and functional. The composition and functions of the
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council shall be based on the provisions of pertinent laws. The Municipality shall ensure the strengthening
of the councils for the protection of women and children in all Barangays.
Section 8. Support. The spouses are jointly responsible for the support of the family. Under the
law, women and their children are entitled to support from their spouses/parents for any purpose it may
allow. All agreements or settlements arrived at the barangay level relative to the support of the family shall
have the effect of law between the parties. Change in any terms of the agreement may be allowed to the
end view advantageous to the children.
Section 9. Solo Parent. The Municipality shall ensure that the rights of a solo parent shall be
respected and protected. The Municipality shall ensure to provide a measure to address the need for
counselling and other related services appropriate to them.
Section 10. Responsible Parenthood. The Municipality shall ensure to educate women and/or
men, parents and/or guardians as to roles and responsibilities that they will have to play as responsible
parents, through adaptable and sustainable programs such as but not limited to seminars and/or
counselling.
ARTICLE VIII
POLITICAL AND PUBLIC SPHERE OF WOMEN AND CHILDREN
Section 1. Statement of Policy. The Municipality shall ensure the fundamental equality of women
and men before the law. It upholds the right of the child to participate in matters affecting them. It shall open
opportunities for their active participation in the political and public sphere.
Section 2. Declaration of March 8 as a Women’s Day. As declared by the United Nations, March
8 shall be observed as Women’s Day through an issuance of an Executive Order by the Municipal Mayor.
There shall be a municipal level set of activities for women to increase their level of awareness and critical
consciousness on the issues affecting them.
Section 3. Municipal Self Organization of Women. The Municipality, through the Gender and
Development Council shall encourage and support the formation of community-based organizations, such
as those of differently-abled women and of elderly women and facilitate their accreditation with the
appropriate bodies.
To widen and enhance participation of women in local government decision-making and
administration, the Municipality shall ensure the participation of women in the local special bodies in the
municipality.
The Municipality shall initiate and support activities that will build the leadership capacities of
women such as but not limited to public speaking, skills in parliamentary procedures, negotiation and
transformative leadership.
Section 4. National Children’s Month. Pursuant to Presidential Proclamation No. 267, dated
September 30, 1993, the Municipality shall observe the month of October as National Children’s Month and
undertake activities in the observance thereafter.
Section 5. Women’s Summit. The Municipality, through the Municipal GAD Council shall hold and
convene a Municipal Women’s Summit once a year to craft and review their development agenda and
make appropriate recommendations for actions thereon.
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ARTICLE IX
SUPPORT SERVICES
Section 1. Support Programs to Survivors of Violence. The Municipality shall provide
immediate support services to survivors of violence. Support services shall consist of the following but not
limited to legal, medical, psychosocial, shelter and other forms of support services. These services shall be
provided by the Municipal Social Welfare and Development Office in coordination with the Gender and
Development Council and other involved agencies in accordance with the provisions of the Implementing
Rules and Regulations of this Code.
Section 2. Psychological Program. Women and children who are survivors of all forms of
violence shall be registered in psychosocial programs which shall be carried out by the Municipal Social
Welfare and Development Office, Municipal Gender and Development Council, Municipal Health Office,
and other related agencies as provided in Implementing Rules and Regulations of the Code.
Section 3. Role of Female Police Officer. Complaints of battering and other forms of abuse
against women and children shall be handled by female officers in the local police who shall undergo
special courses on handling cases affecting abused women, and whose character and credibility do not
violate the accepted ethical standards in handling such cases.
Section 4. Crisis Intervention Center. The Municipality shall establish a crisis intervention center
to serve as a temporary shelter with appropriate support services for women and children in crisis under the
management and supervision of the Municipal Social Welfare Development Office and MGADC.
Section 5. Support Services for Women in the Entertainment Industry. The Municipality shall
provide socio-economic support services for women in the entertainment industry in its desire to concretely
respond to their practical needs. The MSWDO and Municipal PESO shall make available alternate sources
of income and livelihood to women engaged in entertainment industry or places of amusement.
Section 6. Continuing Education against Sexual harassment. To foster a culture against sexual
harassment, all government or private agencies and offices within the jurisdiction of the Municipality shall
conduct a continuing education against sexual harassment. For this purpose the MGADC and the PESO
shall work together to ensure that:
a. At least one (1) activity designed to equip workers and employees with the critical and
practical knowledge on gender issues and concerns is conducted each year in their
respective offices/establishments or workplace;
b. The provisions of RA 7877 otherwise known as the Anti-Sexual Harassment Law and
other provisions of the Labor Code affecting women are faithfully implemented,
especially the formulation of the necessary policies and procedures in resolving
complaints for sexual harassment; and
c. Tools for Assessment and Strategies against gender bias are designed and
established.
Section 7. Support and Development of Day Care Centers. The Municipality shall ensure that
day care centers are set-up in all barangays. Day care centers existing in the barangays shall be
responsive to the need of the community to provide childcare assistance to parents in order that they may
be able to engage in economically productive activities. For this purpose, day care centers shall give
priority to children aged 3-4 years old.
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Section 8. Support Fund for the Senior Citizens Affairs. The Municipality shall allocate funds
for livelihood assistance, routine physical check-up, social group work programs and other appropriate
socio-economic activities for the senior citizens.
Section 9. Support to Persons in Detention. The Municipality shall ensure to design a program
to apprise persons in detention of their rights available under the law, and to respond to their specific needs
and problems as detainees;
The Municipality shall establish a separate structure, space for detention and rehabilitation for
women and men.
ARTICLE X
WOMEN WITH SPECIAL NEEDS AND OTHER SPECIAL CONCERNS
Section 1. Special Education for Differently-abled Women and Elderly Women. Efforts shall
be exerted to mainstream differently-abled women in schools, offices and the like to include user friendly
information and communication technology equipments utilization.
Section 2. Advocacy for the Rights of Differently-abled Women and the Elderly Women. The
Municipality through its Municipal GAD Council shall conduct active advocacy for the rights of differentlyabled women and the elderly women including their right to form organizations for their welfare and
development.
It shall encourage and support such organization to give focus on and facilitate response to their
special needs. The Municipal GAD Council shall collaborate with the Office of the Senior Citizens Affair,
Municipal Level, in the case of the elderly women.
Section 3. Accessibility, special privileges and health concerns. The Municipality shall ensure
that all buildings conform to accessibility law by providing appropriate infrastructure designs in terminal and
other public areas such as but not limited to breast-feeding areas, separate toilets for men, women and
differently-abled persons.
All public utility vehicles shall have special seats for elderly women, pregnant women, women with
infants, differently-abled women and children.
All public places and utility vehicles shall strictly enforce the “no smoking” policy to protect women
and children especially those with chronic respiratory illnesses.
Section 4. Support programs and appropriate funds for women senior citizens development.
Recreational, educational, health and social programs and facilities shall be designed for the full enjoyment
and benefit of the senior citizens. Funds shall be allocated for livelihood assistance, routine physical checkup, social group work programs and other appropriate socio-economic and recreational activities for women
senior citizens.
Section 5. Support for Women in Detention. The rights of all women detainees shall be
protected. All concerned shall ensure speedy trials of their cases; an appropriate program shall be
designed to respond to their specific needs and problems as detainees. Separate structures and space for
detention and rehabilitation responsive to the needs of women detainees shall be established.
Section 6. Improving Basic Services – The Municipality shall upgrade the basic services
offered by clinics, schools and other essential facilities to be more responsive to women and children’s
needs.
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ARTICLE XI
WOMEN AND THE LOCAL ECONOMY
Section 1. Statement of Policy. The Municipality recognizes the valuable contribution of women
in local economic development. It shall assure women of their rights to economic welfare and security; It
shall ensure equality before the law, in principle and in practice, and view women not as second class to
men but as partners of men in development.
It shall ensure that all departments and agencies shall engage in and expand their socio-economic
programs to include women as partners and implement programs and projects designed to further
capacitate women to empower them to access micro, small and medium scale economic opportunities.
Section 2. Banks, Financial Institution and Cooperative Support System. To ensure and
protect the economic rights of women, banks, financial institutions and cooperatives are encouraged to
open special windows for lending to women who lack access to traditional sources of collateral.
Section 3. Support for People’s Organization. The Municipality shall support people’s
organizations especially the women’s group and ensure the preparation of developmental programs and
sustain a convergence meeting/forum with NGAs to attract financial and technical assistance to them. It
shall allocate yearly financial assistance to support their economic activities.
Section 4. Social Protection for Women Micro-Enterpreneurs. The Municipality shall ensure
the rights of organized women micro-entrepreneurs to social protection by linking them to PhilHealth, SSS,
and other insurance agencies/companies.
Section 5. Occupational Health and Safety for Women Micro-Enterpreneurs. The Municipality
shall conduct and support programs/information education campaign on occupational health and safety
measures for women micro entrepreneurs.
The Municipality shall provide hazard free & gender responsive common facilities for women
micro entrepreneurs.
ARTICLE XII
WOMEN AND THE ENVIRONMENT
Section 1. Statement of Policy. The Municipality upholds Principle 20 of the Rio Declaration
(1992) recognizing that women have a vital role in environmental management and development. Their full
participation is essential to achieve sustainable development.
It shall strengthen the role of women in sustainable development and eliminate all obstacles to their
equal and beneficial participation, particularly in decision- making activities.
Section 2. Community based Environment plans and programs. Women, men & children shall
participate in the preservation, conservation and protection of forest and marine and aquatic resources. The
Municipality shall ensure their participation in pollution control, zero waste technology development and
management.
The Municipality shall engage in the development and promotion of gender sensitive natural
resource based management program. It shall ensure the active participation of women in environmental
impact assessment projects.
Section 3. Integrated Gender-Sensitive and Environment Friendly Land Use Planning and
Zoning. An integrated gender sensitive land use planning and zoning of the Municipality must be complied,
taking into consideration among others, the following;
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d. The relocation of affected families shall not deprive anyone of one’s sources and/or means of
livelihood.
e. The relocation sites shall not contribute to an increase in anyone’s burden in economic,
home and social productivity.
f.
The housing and industrial project site shall be established only on lands not intended for &
not suitable to agricultural purposes.
g. The housing and industrial project sites shall not be located on geological hazard zones and
or areas highly vulnerable to climate related disasters.
h. Existing settlement and other urban zones shall be climate resilient to reduce climate related
hazards to women and children.
Section 4. Promotion of organic agriculture and environment friendly technologies. The
Municipality shall promote organic agriculture and environment friendly technologies. It shall ensure that
the technologies adopted are health safe and environmentally sound. Chemicals allowed are only those
duly authorized by law. An administrative sanction shall be imposed on head of agencies found violating
this provision.
Section 5. DRRM Contingency Planning. The Municipality shall formulate a gender responsive
DRRM Contingency Plan to take special consideration to the marginalized sector vulnerability to natural
and man-made calamities. It shall ensure the membership of women’s group in special bodies like Local
Disaster Risk Reduction Management Council (LDRRMC) and Local Climate Change Council (LCCC).
Section 6. Community based Environment plans and programs. Both men and women &
children shall participate in pollution control, zero waste technology, development and management,
preservation of forests, marine and aquatic resources, and indigenous people and their rights to self
determination.
Section 7. Gender Sensitive Natural Resource Based Management Programs. The
Municipality shall engage in the development and promotion of gender sensitive natural resource based
management program.
Section 8. Role of Women in Environment Impact Technology. The Municipality shall ensure
the active participation of women in environmental impact assessment projects.
Section 9. Public Education Campaign. The Municipality shall undertake public education
campaign with the help of other National Government Agencies (NGAs) like DepEd on issues related to
proper garbage disposal, health and sanitation, coastal resources management, sustainable agriculture
and the use of biological diversity and climate change education with gender dimension.
CHAPTER III – FINAL PROVISIONS
ARTICLE XIII
PROTECTION AGAINST VIOLENCE AND DISCRIMINATION OR ABUSE
Section 1. Sexual Abuse. Sexual abuse shall include but is not limited to the following:
b.
When a man inserts or attempts to insert his penis into the mouth or anus of a
women against her will or under any of the following situations, through force, threat or
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intimidation by means of abuse of authority or relationship when the offended party is
deprive of reason or otherwise unconscious.
c.
When an offended party is below 12 years old even though none of the above
circumstances is present.
d.
When a person inserts or attempt to insert part of his or her body other than the
sexual organ or introduces any object or instrument into the genital or anus of a woman
against her will or under any of the situations stated in paragraph number 1 above.
e.
When a person subjects another to have sexual intercourse with an animal
under any of the circumstances stated in the paragraph or through any abnormal,
unusual or ignominious sexual act.
f.
Any intentional contact however slight of one’s penis to the genital, mouth,
breast or anus of a woman or intentional contact thereof, however slight, to any part of
her body other than her sexual organ, or the use of any instrument or object which
intentionally touches the genital breast or anus of a woman.
g.
Sexual Abuse in intimate marital relations. Forced sexual act committed under
intimate or marital relations shall form part of sexual abuse such as those between man
and woman, woman and woman, man and man relations, married or unmarried legally
separated or separated in fact. Any person found guilty of the commission of this act
shall suffer the penalty of imprisonment for a period of not less than 6 month and a fine
of 2,500 or both at the discretion of the court.
Section 2. Physical Violence. Any intentional act that causes physical harm or hurt to the victim.
Section 3 . Psychological/ Emotional Violence. Any intentional act that offered or cause harm or
hurt-in the feelings of the victim such as but not limited to the following:
a. Threats of suicide if the victim will not give in to the demands of the offender;
b. Threats of harm against the victim of her family;
c. Punching, breaking or defacing or otherwise destroying the house or any part thereof or the
personal belongings of the victims.
d. Threatening to kidnap the children or to take them to a foreign country
e. Threatening to take the victim’s children away
f.
Threatening deportation of the victim with foreign citizenship
g. Forcing the victim to do things he/she considers as dehumanizing or degrading.
h. Controlling the victims lawful or usual activities
i.
Use of fault and insulting words, language, or statement against a woman
j.
Threats of abandonment and expression such as forcing the woman to leave the conjugal
dwelling
k.
Shouting invectives against the victims and other forms of verbal abuse.
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Section 4. Economic Violence. This includes depriving the victim of economic resources or their
generation and mobilization so as to create forced dependence and submissiveness to the offender.
Section 5. Battering. This refers to a series of sexual physical psychological/emotional or
economic abuse constituting a repeated cyclic pattern as means of intimidation and imposition of the
batterer’s will and control over another.
Section 6. Domestic Violence and Sex Trafficking. (a) Any of the acts defined under sections
above shall constitute domestic violence when the offender or perpetrator is a member of the family of the
victim or offended party within the fourth the civil degree of consanguinity or affinity; provided, however that
in case the violence committed is between persons living as husband and wife, parent and child or between
persons with common child/children whether living together or not, the violence committed shall be deemed
as domestic violence regardless of the legitimacy of the relationship between them.
(b) Sex Trafficking in Women. It is unlawful for any person, association cult, religion or similar
activities to commit the following acts: *
1. Establish or carry on a business for the purpose of exploiting women for purposes of sex, sex
slavery, sex trade, sex tours and other immoral activities.
2. Advertise, publish, print or distribute or cause the advertisement, publication, printing or distribution
of any brochure, flyer or propaganda material calculated to promote the above mentioned
prohibited acts.
3. Solicit, enlist or attract/endorse any woman to join any club, association or organization whose
objective is to match women for marriage to foreigners either on mail to order basis or through
personal introduction or cyberspace or any other forms which facilitate the commission of the
following acts:
a. to buy or sell a woman, or any of her body parts.
b. to act as a procure of a sex worker
c. to threaten or force a woman to become a mail order bride
* This section may also include relevant provisions of Republic Act 8353 otherwise known as the Anti-Rape
Law of 1997, RA 8505 or the Rape Victims Assistance and Protection Act of 1998, RA 9208 or the AntiTrafficking in Persons Act of 2003, and RA 9262 or the Anti- Violence Against Women and Their Children
Act of 2004.
Section 7. Solicitation. It is unlawful for any person to solicit a woman’s service for sexual
purposes regardless of whether the solicitor-profits or not from such acts. Penalty for the commission of
these acts shall depend on the prevailing laws and regulations.
Section 8. Other forms of Trafficking in Women. Any person or agency who encourages,
influences or recruits for work abroad or locally for a particular job on a promise of a fee instead, forced and
deceived to engage in prostitution, domestic help or other odd jobs shall be penalized by an imprisonment
of 4 months or a fine of 2,500.00 or both, at the discretion of the court. Persons liable thereof, may also be
prosecuted and penalized in accordance with RA 6955, an act which outlaws the practice of matching
Filipinos for marriage to foreign nationals on mail order basis.
Section 9. Sexual Harassment. Other than the acts defined as constitutive of sexual harassment
under RA 7877, the following shall constitute sexual harassment punishable under this ordinance, some of
which are covered by the Revised Penal code under acts of Lasciviousness.
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a. Persistent telling of offensive jokes or other analogous statements despite having been
previously requested to refrain from doing so;
b. Taunting a person with constant talk about sex and sexual innuendoes;
c. Displaying offensive or loud pictures and publications in the workplace;
d. Interrogating someone about their sexual activities or private life except on physical or
examination purposes;
e. Making offensive hand or body gestures at someone;
f.
Repeatedly asking for dates despite verbal rejection
g. Staring or leering maliciously;
h. Touching, pinching or brushing up against someone’s body unnecessarily or deliberately;
i.
Kissing of embracing someone against her will;
j.
Requesting sexual favors in exchange for a good grade, obtaining a good job or promotion;
k. Cursing, whistling, or calling a woman in public with words having dirty connotations or
implications which ridicules humiliates or embarrasses the woman, such as “puta”, “peste”,
“punyeta”, etc.
l.
Any other unnecessary acts during physical examinations;
m. Requiring a woman to wear suggestive or provocative attire during interviews, such as on job
hiring and promotions.
Section 10. Other Prohibited Acts. The following acts are hereby declared prohibited:
a. Pornographic Pictures and Publication. Printing, publication in any form, display in any place
openly accessible to children or distribution of visual materials where women appears scantily clad or
otherwise depicting women as sex objects;
b. Indecent Shows. Public staging of indecent shows or shows offensive to the sensibilities of the
public or tends to corrupt the morality of the youth.
Section 11. Commodification of Women. Any activity or form of beauty contest which tends to
abuse, humiliate or treat women as sex objects or classify women as a commodity, shall be strictly
prohibited within the territorial jurisdiction of the Municipality. For this purpose, the staging of beauty
contests shall be permitted if it showcases not only the physical beauty of a person but also her talents and
abilities. For this purpose, the MGAD Council and the MCPC are hereby mandated to jointly draw up and
promulgate the guidelines that shall be adhered to in the conduct of staging or shows, on beauty contests
involving women and children.
Organizers of beauty contests violating these provisions shall be subject to a penalty such as the
following:
a. For business organizations – cancellation of business permit or a fine of not less than P2,000.00
but not more than P3,000 or both at the discretion of the court.
b. For representatives of agencies, departments or local government units – suspension for one
month without pay or a fine of not less than P1,000.00 but not more than P2,000.00 or both at the
discretion of the court.
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c. For educational institution, charity or welfare organizations - a fine of not less than P2,000.00 but
not more than P5,000 or both at the discretion of the court.
Section 12. Forced Marriage. No woman shall be forced to marry without her consent. Any
person committing fraudulent or coercive acts to effect a forced marriage shall be held liable under this
code by imprisonment of not less than one months and not more than six months, or a fine of P1,000.00 to
P2,000.00 or both at the discretion of the court. However, the customs and traditions of the indigenous
people shall be taken into consideration and duly respected.
Section 13. Husband and Wife Battering. Husband and wife battering shall be punishable from
one month to one year imprisonment or a fine of P1,000.00 to P2,000.00 or both subject to the discretion of
the court. Other forms of battering as defined in this code shall be covered by the same penalty.
Section 14. Fund Raising Initiatives. Fund raising initiatives refers to any activity whether in
whole or in part, integrated in any raffle draw, benefit or disco dance or any similar fund raising undertaking
where women are used as donor prize, substitute for cash prizes 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. Any person who violates this provision shall penalized by
imprisonment of not more than two months or a fine of not less than P1,000.00 but not more than
P2,000.00 or both at the discretion of the court.
Section 15. Access to Information. The Municipality shall ensure to vigorously pursue a vast
information campaign on women and children’s rights and their rights to be protected from violence,
discrimination or abuse.
CHAPTER III – FINAL PROVISIONS
ARTICLE XIV
MISCELLANEOUS PROVISIONS
Section 1. Rules and Regulations. The MGAD Council shall formulate the Implementing Rules
and Regulations (IRR) to carry out the provisions of this Code within thirty (30) days after the effectivity of
this Ordinance.
The MGAD Council shall be convened periodically throughout the formulation of the IRR. Official
representatives from the Municipality, various agencies and women NGO’s involved in the process of
drafting the Code shall be involved in the formulation of its IRR.
Section 2. Implementation and Enforcement. The MGAD Council in coordination with the Office
of the Chief Executive, GAD Focal Person, MSWD, MHO and the Local Police shall ensure the
implementation of the provisions of this Code.
The GAD Council as duly constituted shall assume and exercise the functions powers and duties
as prescribed in this Code.
Section 3. Monitoring. The Sangguniang Bayan of the Municipality, in the exercise of its oversight
power, shall monitor or see to it that the budgetary allocations intended for the implementation of this Code
is duly complied with.
Section 4. Budgetary Provision. The Municipality shall ensure the allocation of at least 5% of
their total budget for Gender and Development Program to ensure the implementation of this Code.
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The allocation of funds from any and all available sources to underwrite basic social services for all
in extremely difficult circumstances shall be given priority. The MGAD Council shall provide for the
guidelines in determining the definition of the term “extremely difficult circumstances” in line with the
objective of this Code.
Section 5. Resource Mobilization for GAD. The Municipality through the MGADC shall
endeavour to access funding support from national and international agencies with mandate on GAD and
other related program and projects.
ARTICLE XV
REPEAL, SEPARABILITY, SUPPLEMENTARY AND EFFECTIVITY
Section 1. Repealing Clause. All ordinances, resolutions, circulars, memoranda, or rules, rules
and regulations inconsistent with the provisions of this Code are hereby repealed and modified accordingly.
Section 2. 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
remain valid and continue to be in full force and effect.
Section 3. Supplementary, Penalty Clause. On matters not provided for in this Code, any
existing applicable laws and their corresponding Implementing Rules, Executive Orders and relevant
issuances issued therefore shall apply in a supplemental manner.
Any person violating any of the provision of this Code, or in matters of non-compliance thereof,
shall be subject to penalties herein provided. Except, in those prohibited acts and mandates, the penalties
of which are not provided by this Code, the provision of the laws mentioned as basis in the formulation of
this Code, shall be applied in its suppletory character as to civil, criminal and/or administrative liability.
Section 4. Effectivity Clause. This Ordinance shall take effect fifteen (15) days after publication in
a newspaper of general circulation.
Respectfully submitted:
GAD-TWG Members:
HON. MARILYN A. ASTORGA
ENGR. JUDITH M. BORREL
LUZ B. RAAGAS
SB Chair., Comm. On Women
MPDC
MSWDO
ESTELA I. CREER
ARMIE ELIZONDO
WINA CASTROVERDE
MLGOO
Asst. PESO Mngr.
Sanitary Insp. & MNAO
ENGR. ARIEL B. GAM
TERESITA A. BADIABLE
DINAH G. AVORQUE
Mun. Agriculturist
MBO
Mun. Treasurer
SOCORRO T. PONFERRADA
RICHEL P. ELLASO
FE O. REYES
Pincipal, DepEd, Barugo I
Mun. Accountant
YDO III & GAD focal Person
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DR. LOURDES CALZITA
ZENAIDA ESCOBER
VICTORIA ASTORGA
MHO
Pres., BNCPA
OIC, BFDA
SPO3 NORALYN T. ARUTA
NENITA AGUILON
VILMA G. ARUTA
WCCD Officer
Pres., BRPA
DCII
ENGR. POLCOMAR CANONCE
SHEINA RENNA BURERES
PDO IV
Admin. Asst. IV
Approved:
ATTY. ALDEN M. AVESTRUZ
GAD-TWG Chairman
ANNEXES
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
1987 Constitution of the Philippines
RA 7160 or the Local Government Code of 1991
RA 7192 or the Women in Development and Nation Building Act
Executive Order No. 273
DBM-NEDA-NRFW Joint Circular 2004-1
Philippine Plan for Gender Responsive Development (PPGD0) 1995-2025
Civil Service Commission Memorandum Circular No. 12, Series of 2005
RA 7192 (Women in Development and Nation Building Act)
RA 9710 (Magna Carta of Women of 2009);
RA 7882 (Act Providing Assistance to Women Engaging in Micro and Cottage Business Enterprises);
RA 8292 (Magna Carta for Small Enterprises);
RA 9178 (Barangay Micro Business Enterprises (BMBEs) Act of 2001);
RA 6725 (Act Strengthening the Prohibition on Discrimination Against Women with respect to Terms and
Conditions of Employment);
RA 7322 (Act Increasing Maternity Benefits of Women Workers in the Private Sector);
RA 6949 (declaring March 8 of every year as a working holiday to be known as National Women’s Day);
RA 7688 (Social Security Act of 1997);
RA 8972 (Solo Parents Act);
Reproductive Health Care Act of 2002;
RA 9262 (Anti-Violence Against Women and Children Act);
RA 7877 (declaring sexual harassment unlawful in the employment, education and training environment);
RA 8042 (Migrant Workers and Overseas Filipinos Act of 1995);
RA 6955 (Anti Mail Order Bride Act);
RA 8353 (Anti-Rape Act);
RA 8343 (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 other purposes);
RA 8505 (Rape Victim Assistance Act);
RA 9208 (Act which Institutionalizes 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 violation and for Other Purposes);
RA 9165 (Comprehensive Dangerous Drugs Act of 2002);
RA 8551 (Philippine National Police Reform and Reorganization Act of 1998);
RA 7876 (Senior Citizens Act of the Philippines,1995);
RA 9257 (Expanded Senior Citizens Act of 2003);
RA 9994 (Expanded Senior Citizens Act 2010);
33
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
RA 386 (Civil Code of the Philippines);
RA 9442 (Magna Carta of Persons with Disabilities)
RA 7392 (Philippine Midwifery Act of 1992)
RA 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act);
RA 8980 (Early Childhood Development Act of 2000);
RA 9288 (The Newborn Screening Law of 2004);
RA 7600 (Rooming-in and Breastfeeding Act of 1992);
RA 9344 (Juvenile Justice and Welfare Act of 2006);
RA 6972 (Act Establishing a Day Care Center in Every Barangay);
RA 8552 (Domestic Adoption Act of 1998)
RA 8043 (Inter-Country Adoption Act of 1995)
E.O. 209 (Family Code of the Philippines)
PD 603 (The Child and Youth Welfare Code)
PD 442 (The Labor Code of the Philippines)
PD 807 (Civil Service Decree of the Philippines)
BP 334 (An Act to Enhance the Mobility of Disabled Persons by Requiring Certain Buildings, Institutions,
Establishments and Public Utilities to Install Facilities and Other Devices);
48. DOH Administrative Order No. 2008-0029 (Implementing Health Reforms for Rapid Reduction of Maternal and
Neonatal Mortality)
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