Republic of the Philippines
Province of Cebu
Municipality of Lilo-an
Excerpts From The Minutes Of The Regular Session, Held At The Legislative Session Hall On March 09, 2016.
Hon. Francisco C. Comendador III - - Sangguniang Bayan Member/Presiding
Hon. Edna M. Cala - - Sangguniang Bayan Member
Hon. Thelma L. Jordan - - Sangguniang Bayan Member
Hon. Ferdinand C. Jumapao - - Sangguniang Bayan Member
Hon. Nelly Bernardo L. Lopez - - Sangguniang Bayan Member
Hon. Lurgio R. Cañete - - Sangguniang Bayan Member
Hon. Leo P. Salundaguit - - Sangguniang Bayan Member
Hon. Vidal C. Cañete - - Sangguniang Bayan Member
Hon. Juanito C. Cantero - - Sangguniang Bayan Member (LnmB)
Hon. Lucelito B. Pilapil - - Vice Mayor/Presiding Officer
ORDINANCE NO. 2016 – 06
AN ORDINANCE COMPELLING EVERY BARANGAY OF THE MUNICIPALITY OF LILOAN, CEBU, THE ESTABLISHMENT OF VIOLENCE AGAINST WOMEN (VAWC) DESK AND PROTOCOL IN HANDLING VAW CASES AT BARANGAY LEVEL
WHEREAS, Article Il Section 14 of the 1987 Philippine Constitution provides, that the state recognizes the role of women in nation-building, and shall ensure fundamental equality before the law of women and men.
WHEREAS, pursuant to Republic Act (RA) 9710, otherwise known as the Magna Carta of Women, is a comprehensive women’s human rights law that seeks to eliminate discrimination against women by recognizing, protecting, fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors. Section 12 D, Rule IV of the Rules and Regulations Implementing the Magna Carta of Women provides for the establishment of a VAW desk in every barangay to ensure that violence against women cases are fully addressed in a gender-responsive manner.
WHEREAS, comprehensive women's rights law seeks to eliminate discrimination against women by recognizing protecting fulfilling and promoting the rights of Filipino women, especially those in the marginalized sectors,
WHEREAS, in compliance with the Law the Department of the Interior and Local Government, Department of Social Welfare and Development, Department of Education, Department of Health and Philippine Commission on Women, issued a Joint Memorandum-Circular No. 2010-2 requiring all local government units to establish violence against women desk in every barangay.
WHEREAS, the establishment of Violence Against Women Desk in every barangay provides for an intervention that wilt raise the consciousness of the public in recognizing the dignity of women, ensuring support for victims, bringing perpetrators to justice and making a long term plan to prevent violence in all forms;
NOW, THEREFORE, the Sangguniang Bayan of Liloan, Cebu hereby ordains and decrees:
SECTION 1. TITLE - This Ordinance shall be known and cited as An Ordinance Compelling Every Barangay the Establishment of Violence Against Women (VAW) Desk and Launch Protocol in Handling VAW Cases at Barangay Level
SECTION 2. DEFINITION OF TERMS. - For the purpose of this ordinance, the following terms and phrases shall apply:
2.1. Violence Against Women (VAW) – refers to any act of gender-based violence that results in, or is likely to result in physical, sexual, or psychological harm or suffering to women, including threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in public or in private life. It shall be understood to encompass, but not limited to, the following:
- Physical, sexual, psychological, and economic violence occurring in the family, including battering, sexual abuse of female children in the household, dowry-related violence, marital rape, and other traditional practices harmful to women, nonspousal violence, and violence related to exploitation;
- Physical, sexual, and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment, and intimidation at work, in educational institutions and elsewhere, trafficking in women, and prostitution; and
- Physical, sexual, and psychological violence perpetrated or condoned by the State, wherever it occurs. It also includes acts of violence against women as defined in Republic Act No. 9208 and 9262. Under the Magna Carta of Women, this term is used interchangeably with gender-based violence.
2.2. VAW Desk – a facility that would address VAW cases in a gender-responsive manner, managed by a person designated by the Punong Barangay. It is situated within the premises of the barangay hall. In the absence of a barangay hall, the VAW Desk shall be established within the premises where the punong barangay holds office.
The definition of terms provided in Act (RA) 9710, otherwise known as the Magna Carta of Women as far as applicable are hereby made part of this Ordinance.
SECTION 3. SCOPE AND COVERAGE. -This ordinance shall be enforced within all Barangay of the Municipality of Liloan, Cebu.
SECTION 4. ESTABLISHMENT OF VAW DESK IN EVERY BARANGAY
4.1. Setting up the VAW Desk – the punong barangay shall designate an area within the barangay hall for the VAW desk. S/he shall provide for the necessary furniture and fixtures such as, but not limited to, table, chairs, separate filing cabinet and log book for record-keeping of cases. Likewise, the punong barangay shall ensure the confidentiality of the case and privacy and safety of the victim-survivor.
4.2. Designation of VAW Desk person – the punong barangay shall designate a VAW Desk person who is trained in gender-sensitive handling of cases; preferably a woman barangay kagawad or woman barangay tanod. In cases where there are no trained personnel, ensure that the person assigned shall undergo basic gender sensitivity training and orientation on anti-VAW laws.
SECTION 5. FUNCTIONS OF THE BARANGAY VAW DESK
The VAW Desk shall perform thefollowing tasks:
5.1. Respond to gender-based violence cases brought to the barangay;
5.2. Keep VAW case records confidential and secured, and ensure that only authorized personnel can access it;
5.3. Assist victims of VAW in securing Barangay Protection Order (BPO) and access necessary services;
5.4. Develop the barangay’s gender-responsive plan in addressing gender based violence, including support services, capacity building and referral system;
5.5. Coordinate with and refer cases to government agencies, nongovernment organizations (NGOs), institutions, and other service providers as necessary;
5.6. Address other forms of abuse committed against women, especially senior citizens, women with disabilities, and other marginalized groups;
5.7. Lead advocacies on the elimination of VAW in the community;
5.8. Perform other related functions as may be assigned.
SECTION 6. PROTOCOL IN HANDLING VAW CASES AT BARANGAY LEVEL
The following protocols shall be observed by the Barangay VAW Desk person when responding to VAW situations:
6.1. A VAWC (RA 9262) victim-survivor is accompanied by someone to the barangay or the victim herself goes to the barangay.
6.2. Make the woman (and children, if applicable) comfortable in a safe and private room giving her water and other immediate needs, if any;
6.3. Assess the situation and get initial information to determine the risks on hand and if immediate medical attention is needed. If so, facilitate referral to the nearest medical facility;
6.4. After the victim-survivor has stabilized, assist the punong barangay/kagawad in the conduct of an investigation in a gender sensitive and non-judgmental manner in a language understood by her;
6.5. Inform her of her rights and the remedies available and the processes involved particularly in relation to the BPO. Assist her to file application,if she decides to have a BPO;
6.6. Record the incident using the National VAW Documentation System barangay form.
6.7. If victim-survivor desires to be in a safe shelter, seek the assistance of the other barangay officials, barangay tanod or the police in getting her belongings and refer to a shelter/women’s center or to the MSWDO;
6.8. Assist the victim-survivor to file for a temporary protection order (TPO) or permanent protection order (PPO) with the nearest Family Court within 24 hours after issuance of the BPO, if the victim-survivor so desires or she applies directly for a TPO/PPO instead of a BPO;
6.9. Report the incident within four hours to the PNP and the MSWDO.
6.10. A victim-survivor of VAWC is reported by a community member.
6.11. Verify the information and if needed, seek assistance from the PNP.
6.12. Assess the situation and facilitate the rescue of the victim-survivor when necessary to ensure her safety, and when applicable the safety of her children;
6.13. Inform the victim-survivor about her rights and remedies available particularly the BPO and its processes. Assist her to apply for a BPO, if she so desires;
6.14. Refer victim-survivor for medical care and temporary shelter and other needs when needed based on the assessment done;
6.15. Record the incident using the National VAW Documentation System barangay form.
6.16. If not done earlier, report the incident within four hours to the PNP and the MSWDO.
6.17. For rape, trafficking in persons and other cases which do not fall under thejurisdiction of the barangay, assist the victim-survivor to file a complaint at the PNP Women and Children Protection Center or the National Bureau of Investigation (NBI).
SECTION 6. ROLE OF MUNICIPAL MAYOR
The Honorable Municipal Mayor shall ensure the establishment of a VAW Desk in every Barangay within their jurisdiction, and provide technical and financial assistance subject to availability of funds based on the GAD appropriation or allocation of 5% of the Annual Barangay Budget for its operations.
SECTION 7. MONITORING AND REPORTING.
All Barangay Captains or VAW Desk Person in Charge within one month after the passage of the ordinance shall submit a report on the establishment of Barangay VAW Desk in their respective Barangay to the Office of the Sangguniang Bayan under the Committee on Family and Women and Municipal Social Welfare and Development Office.
Furthermore, all designated VAW Desk person in charge shall record and file all VAW Cases in their respective Barangay and a Quarterly Report be likewise submitted to the above mentioned office including the Action Taken and Status for each cases. VAW case records should be treated with utmost confidentiality and security, and ensure that only authorized personnel can have an access in it.
SECTION 8. REPEALING CLAUSE. - All provisions of local ordinances, orders, resolutions inconsistent herewith are hereby repealed and/or modified accordingly.
SECTION 9. SEPARABILITY CLAUSE.- If for any reason any part of this ordinance shall be held unconstitutional or invalid, other parts hereof which are not affected thereby shall continue to be in full force and effect.
SECTION 10. EFFECTIVITY. - This ordinance shall take effect upon approval of the Municipal Mayor and publication in a newspaper of general circulation in the Municipality of Liloan, Cebu.
ENACTED, unanimously: March 09, 2016.
CERTIFIED TO BE DULY ENACTED:
HON. FRANCISCO C. COMENDADOR III
Temporary Presiding Officer
Date Signed: _______________
JOSE P. CRISOLOGO
Secretary to the Sanggunian
APPROVED:March 16, 2016.
HON. VINCENT FRANCO D. FRASCO