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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 />

NTA/HPI lib?<br />

{<br />

v: :1 ....<br />

,rv r B<br />

\<br />

• . •"_.»'*:-<br />

. ;<br />

Cotiog Vice Mayor<br />

Presiding Officer<br />

a. SAYSON<br />

fylayor ^

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