REPUBLIKA NG PILIPINAS - Bacolod City
REPUBLIKA NG PILIPINAS - Bacolod City
REPUBLIKA NG PILIPINAS - Bacolod City
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<strong>REPUBLIKA</strong> <strong>NG</strong> <strong>PILIPINAS</strong><br />
TA<strong>NG</strong>GAPAN <strong>NG</strong> SA<strong>NG</strong>GHNiA<strong>NG</strong> PANLU<strong>NG</strong>SOD<br />
LU<strong>NG</strong>SOD <strong>NG</strong> BAKOLOD<br />
-0O0-<br />
CITY ORDINANCE NO 549<br />
August 3 2011<br />
AN ORDNANCE ESTABLISHI<strong>NG</strong> A VIOLENCE AGAINST WOMEN (VAW)<br />
DESK IN EVERY BARA<strong>NG</strong>AY OF BACOLOD CITY.<br />
WHEREAS Article il Section 14 of the 1987 Philippine Constitution provides, that<br />
the slate recognises the role of women in nation-building, and shall ensure fundamental<br />
equality before the iaw of women and men:<br />
•<br />
WHEREAS Republic Act 9710. otherwise known as the Magna Carta for Women,<br />
is a comprehensive women's rights iaw that seeks to eliminate discrimination against<br />
women by recognising protecting fulfilling and promoting the rights of Filipino women,<br />
especially those in the marginalised sectors,<br />
WHEREAS tn compliance with the law the Department of the Interior and Local<br />
Government, Department of Social Weifaie and Development, Department of Education,<br />
Department of Health and Philippine Commission on Women, issued a Joint<br />
Memoranduin-Ciicuiai No. 2010-2 requiring all local government units to establish<br />
violence against women desk in every barangay<br />
WHEREAS the establishment of Violence Against Women Desk in every<br />
baiangay piovides foi an inteivetilion that wilt raise the consciousness of the public in<br />
recognizing the dignity of women, ensuring support for victims, bringing perpetrators to<br />
justice and making a long teim plan to prevent violence before it begins;<br />
NOW THEREFORE. BE IT ORDAINED by the Sangguniang Panlungsod of<br />
Bacoiod <strong>City</strong>, in tegular session assembled, that.<br />
Section 1. Title This Ordinance shall be known as the "Barangay VAW Desk<br />
Ordinance."<br />
Section 1 Declaration of Policy The <strong>City</strong> of Bacoiod recognizes the role of the<br />
barangay in ensuring that violence against women cases are fully addressed in a gendersensitive<br />
manner<br />
Section 3, Definition of Terms For purposes of this ordinance, the following<br />
teims shaii be defined;
<strong>City</strong> Ordinance No 549<br />
August 3, 2011<br />
Page 2<br />
a Violence Against Women (VAW) - refers to an act of gender-based violence<br />
ihat results in, or is likely io resuil in physical, sexual, or psychological harm or<br />
suffering to women including threats of such ads coercion, or arbitrary<br />
deprivation of liberty, whether uccuuing in public or in private life. It shall be<br />
understood to encompass but noi limited to. the following- (1) Physical, sexual,<br />
psychological and economic violence occurring in the family, including<br />
battering sexual ahuse of female children in the household, dowry-related<br />
violence, marital rape,, and other traditional practices harmful to women, nonspousal<br />
violence and violence related to exploitation: (2) Physical, sexual, and<br />
psychological violence occurring within the general community, including rape,<br />
sexual abuse sexual harassment and intimidation at work, in educational<br />
institutions and elsewhere, trafficking in women, and prostitution; and (3)<br />
Physical sexual and psychological violence perpetrated or condoned by the<br />
State, whether it occurs. It also includes acts of violence against women as<br />
defined in Republic Act No 9208 and 9262 Under the Magna Carta of<br />
Women, this term is used interchangeably with gender-based violence.<br />
b. VAW Desk - a facility that would address VAW cases in a gender-responsive<br />
manner, managed by a person designated by the Punong Barangay It is<br />
situated within the premises of the barangay hall In the absence of a<br />
barangay hall, the VAW desk shall be established within the premises where<br />
the Punong Barangay holds office.<br />
Section 4, Establishment of VAW Desk In Every Barangay<br />
4 1 Setting up the VAW Desk - the Punong Barangay shall designate an area<br />
within the Barangay Hall for the VAW Desk. She/lie shall provide for the<br />
necessary furniture and fixtures such as, but not limited to table, chairs, separate<br />
filing cabinet and log book for record-keeping of cases. Likewise, the Punong<br />
Barangay shall ensure the confidentiality of the case and privacy and safety of the<br />
victim survivor.<br />
4.2 Designation of VAW Desk person - the Punong Barangay shall designate a<br />
VAW Desk person who is trained in gender sensitive handling of cases, preferably<br />
a women Barangay Kagawad or woman Barangay Tanod. In cases where there<br />
are no hained personnel, ensuie ihat the peison assigned shall undergo basic<br />
gender sensitive training and orientation on anti-VAW laws.<br />
4 3 Functions of the Barangay VAW Desk - the VAW Desk shall perform the<br />
following tasks.<br />
a. respond to gender-based violence cases brought to the barangay:
Ciy Ordinance No 549<br />
AuyuSl 3 2011<br />
Page 3<br />
b record the number of gender-based violence bandied by the barangay<br />
and submit a quarterly report on ail cases of VAVV to the DILG <strong>City</strong> Field<br />
Office and the <strong>City</strong> Department of Social Services-<br />
c keen"\/AW
<strong>City</strong> Ordinance No 549<br />
August 3, 2011<br />
Page 4<br />
h Assess the situation and get initial information to determine the risks on<br />
hand if immediate medical attention is needed, if so. facilitate referral to<br />
the nearest medical facility<br />
c. After* the victim-survivor has stabilized, assist the Punong<br />
Barangay/Kagawad in the conduct of an investigation in a gender-sensitive<br />
and non-judgmental manner in a language understood by her,<br />
d Inform her of her rights and the remedies available and the processes<br />
involved particularly in relation to BPO. Assist her to file the application, if<br />
she decides to have a BPO-<br />
e Record the incident using the national VAW Documentation System<br />
Barangay Form (Annex 1);<br />
f If victim-survivor desires to be in a safe shelter, seek the assistance of the<br />
othet barangay officials, batangay tanod or the police in getting her<br />
belongings and refer to a shelter/worn en/s center or to the DSSD;<br />
g Assist the victim-survivor to file for a Temporary Protection Order (TPO) or<br />
Peimanent Protection Otder (PPO) with the nearest Family Court within 24<br />
hours after issuance of the BPO if the victim-survivor so desires or she<br />
applies directly for a TPO/PPO instead of a BPO,<br />
h Report the incident within four hours to the PNP and the DSSD<br />
A victim-sun/ivor of VAWC is reported by a community member<br />
a Verify the information and if needed, seek assistance from the PNP<br />
b Assess the situation and facilitate the rescue of the victim-survivor when<br />
necessary to ensure her safety, and when applicable the safely of her<br />
chiidi en,<br />
c Inform the victim-survivor about her rights and remedies available<br />
particularly the BPO and its processes. Assist her to apply for a BPO, if<br />
she so desires'<br />
d Refer victim-survivor for medical care and temporary shelter and other<br />
needs when based on She assessment done.<br />
e Record the incident using the national VAW Documentation System<br />
Barangay Form (Annex 1i,
<strong>City</strong> Ordinance No 549<br />
MuyuSt 3 2011<br />
Page 5<br />
f If not done earlier report the incident within four hours to the PNP and the<br />
UobU<br />
3 For rape trafficking pf persons and other cases which do not fall under the<br />
jurisdiction of the barangay, assist the victim-survivor to fiie a complaint at the<br />
PNP Women and Children Protection Center or the National Bureau of<br />
Investigation iU&W<br />
Section 8 Monitoring and Reporting<br />
The Department of the Interior and Local Government (DILG) shall monitor and<br />
fsubmit a repon on the establishment of the Barangay VAW Desk.<br />
Section 7. Funding<br />
For the effective implementation of this Ordinance, an initial amount of FIVE<br />
HUNDRED THOUSAND PESOS (P500.000.00) shall be appropriated, to be taken from<br />
<strong>Bacolod</strong> <strong>City</strong>'s Gender and Development (GAD) budget to defray among others, the costs<br />
of ttaining and seminars and the cost of printing (he piescribed forms.<br />
As such it shail be included in the annual GAD Plans and programs of the <strong>City</strong>, in<br />
accordance with Section 37a of the MCW iRR (Planning, Budgeting. Monitoring and<br />
Evaluation for GAD)<br />
In case the amount is not sufficient to defray such necessary costs, the same shall<br />
be subject to a Supplemental appiopiiatiou. upon request by the <strong>City</strong> Mayor, and upon<br />
submission of its corresponding Program of Works and Activity Plan.<br />
Section 8, Repealing Clause All ordinances resolutions or laws of local<br />
circulation and effect inconsistent hereto are. hereby modified, superseded and repealed<br />
accordingly<br />
Section 9, fffectivity This ordinance shall take effect immediately after its<br />
publication in a local newspaper of general circulation in accordance with law,<br />
CARRIED BY THF VOTE OF'<br />
Affirmative:<br />
Councilors • Homer Q Bais Archie S Baribar Catalino T. Alisbo. Dindo<br />
C. Ramos, Eimei T. Sy. Sonya M. Verdeflor. Ai Victor A.<br />
Espino Mona Dia G Jardin Keith Emmanuel L Ramos.
Crty Ordinance Mo 549<br />
August 3, 2011<br />
ATTESTED"<br />
Negative '<br />
Absent •:.<br />
Official L eave •<br />
Main Author •<br />
Co-Author :<br />
Passed ;<br />
Comments'<br />
Nnne<br />
None<br />
Councilor?; Em L Ang and Caesar Z Distrito.<br />
Councilor Mnna D*a G jardin<br />
Councilor Em I Ang and Sonya M, Verdeflor.<br />
August 3. 2011 (57m Regular Session).<br />
Page 6<br />
Passed<br />
Councilors Robedo M Rojas and Carlos Jose V. Lopez<br />
were not yet around when this ordinance was passed.<br />
Vice Mayor Jude Thaddeus A. Sayson was designated as<br />
Acting <strong>City</strong> Mayoi,<br />
ATTv: ilLO T, ALEJAlTOWTWtr<br />
ecretary to the Sanggunian<br />
APPROVFtX August , 2011<br />
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