Republic of the Philippines

City of Angeles
th
15 SANGGUNIANG PANLUNGSOD

Ordinance No. 303, Series of 2011

(PO-669-12-11)

AN ORDINANCE ENACTING THE GENDER AND

DEVELOPMENT CODE OF ANGELES CITY, AND FOR OTHER
PURPOSES.

WHEREAS, International Conferences like the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child gave
recognition and protection for women and children’s rights; (1979)
WHEREAS, the Philippines is one of the signatories to the treaties adopted in these conventions,
and as such has adopted numerous measures to abide by the provisions of the said treaties;
WHEREAS, Article II, Section 14 of the 1987 Constitution states that, “The State recognizes the
role of women in nation-building, and shall ensure the fundamental equality before the law of
women and men”; (1987)
WHEREAS, Article XIII, Section 14 of the 1987 Constitution states that, “The State shall protect
working women by providing safe and healthful working conditions, taking into account their
maternal functions, and such facilities and opportunities that will enhance their welfare and
enable them to realize their full potential in the service of the nation”; (1987)
WHEREAS, the Women in Development and Nation Building Act (RA 7192) mandates the
mainstreaming gender equality and women’s empowerment as part of government policies and
services; (Feb. 12, 1992)
WHEREAS, Republic Act 7610, Provides For Strong Deterrence and Special Protection Against
Child Abuse, Exploitation and Discrimination, and for other purposes, (June 17, 1992);
WHEREAS, Republic Act 7877 also known as Anti-Sexual Harassment Law states that Sexual
harassment is Unlawful in the Employment, Education or Training Environment; (Act of 1995)
WHEREAS, Republic Act 8353 Expands 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. (September 30, 1997)
WHEREAS, Section 28 of the 1998 General Appropriations Act (RA 8522) and the Local
Budget Memorandum No. 28 dated June 15, 1997 likewise directs all departments, bureaus,
offices, agencies, instrumentalities, and the local government unit to set aside a minimum of five
(5) percent out of their Annual and Supplemental Appropriation to be used for programs,
projects and activities designed to address gender issues in accordance with RA 7192; (March 6,
1998)

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WHEREAS, the Philippines is also one of the signatories to the Millennium Declaration signed
in September 2000 during the United Nations’ Millennium Summit where the Millennium
Development Goals was adopted; (September 6-8, 2000)
WHEREAS, in support of the State policy, the city government shall adhere to R.A. 8972,
otherwise known as the Solo Parents’ Welfare Act of 2000, to develop a comprehensive program
for social development and welfare services for solo parents and their children;
WHEREAS, Republic Act 9208 Institutes policies to Eliminate Trafficking in Persons Especially
Women and Children, Establishing the Necessary Institutional Mechanisms for the Protection
and Support of Trafficked Persons, Providing Penalties for its Violations, and for Other
Purposes; (May 26, 2003)
WHEREAS, Republic Act 9262 Defines Violence Against Women and Their Children,
Providing for protective Measures for Victims, Prescribing Penalties Therefore and for other
purposes; (March 8, 2004)
WHEREAS, Republic Act 9344 also known as Juvenile Justice and Welfare Act of 2006, states:
The State shall protect the best interests of the child through measures that will ensure the
observance of international standards of child protection, especially those to which the
Philippines is a party. Proceedings before any authority shall be conducted in the best interest of
the child and in a manner which allows the child to participate and to express himself/herself
freely. The participation of children in the program and policy formulation and implementation
related to juvenile justice and welfare shall be ensured by the concerned government agency.
(March 22, 2006)
WHEREAS, the Philippines is committed to promote gender equality and the empowerment of
women, as part of the overall efforts to combat poverty and hunger to stimulate sustainable
development as provided for in R.A 9710 otherwise known as Magna Carta of Women; (August
14, 2009)
WHEREAS, Joint Memorandum Circular No. 2010-2 dated December 9, 2010 states the
Guidelines in the Establishment of a Violence Against Women and Children (VAWC) Desk in
Every Barangay in accordance to Section 12 D, 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 are fully addressed in a gender responsive manner;
WHEREAS, the City Government of Angeles is one of the first cities to adopt a Gender and
Development Program and officially organized the Gender and Development Council and
Gender and Development Office through the passage of Ordinance No. 82 S-98 as amended by
Ordinance No. 90 S-99;
WHEREAS, City Government of Angeles is committed to support the policies and program
defined in the Philippine Plan for Gender-Responsive Development 1995-2025 (E.O. 273);
WHEREAS, in recognition of the initiatives and concerted efforts of NGOs with services and
programs for women and children such as Angeles City Women Coordinating Council
(ACWCC), a development framework and plan for the women of Angeles City has been
formulated thus resulting in the passage of this Ordinance;
WHEREAS, there is a need to formulate a Gender and Development Code for the City of
Angeles in order to promote gender-responsive governance, institutionalize the protection of the
democratic rights of women and children; and pursue women’s economic empowerment;

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NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Angeles City in session
assembled:

CHAPTER I
GENERAL PROVISIONS
Article A. Title and Policies.
Section 1.01. Title. - This Ordinance shall be known as “The 2011 Gender and Development
Code of Angeles City”.
Section 1.02. Statement of Policies. –
a. The City Government of Angeles recognizes the role of women as full and equal partners
in development and nation building and as such undertakes to enhance women’s full
potentials, uplift their status and lead to the improvement of their quality of lives.
Corollary, the City Government shall pursue and implement gender-responsive
development policies and programs, and work for the elimination of all forms of
discrimination of women and children;

b. The City Government of Angeles shall undertake gender mainstreaming at all levels,
thereby assuring the promotion of women empowerment to enable the local women
including the women of indigenous cultural communities become active agents and
participants of development, and not just mere beneficiaries; further enabling them to
make independent decisions based on their own views and perspectives; and, furthermore
allowing them to fully and equally make use of available information, technology, goods,
and services;

c. The City Government of Angeles shall continue to work towards the strengthening of
partnership with Non-Government Organizations (NGOs), People’s Organizations (POs),
Private Sector (PS) as well as charitable institutions and foundations that advocate
Gender Equality, Sexuality, and Reproductive Health;

d. The City Government of Angeles affirms its commitment to promote and protect the
following rights of women and children:

d.1. Right to be protected against all forms of violence and coercion against their person,
their freedom, their sexuality, and their individuality;
d.2. Right to freely and fully participate individually or collectively in the political
processes of their communities, the city and the nation;
d.3. Right to economic welfare and security;
d.4. Right to acquire the necessary knowledge and the means to fully exercise their
respective choices according to their beliefs and preferences;
d.5. Right to choose a spouse in accordance with their values and preferences, maintain
equality in marriage or its dissolution, and obtain adequate support for rearing and
caring of their children;
d.6. Right to an adequate, relevant and gender fair education from childhood to
adulthood;
d.7. Right to proper nutrition and health care;

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 d.8. Right to humane living condition;
d.9. Right to nurture their personhood, to secure an image of themselves as whole and
valuable human beings, to build relationships based on respect, trust and mutual
respect;
d.10. Right to equality before the law in theory as well as in practice.

Section 1.03. Policy Directions. - To accomplish the aforementioned policies, the City
Government of Angeles shall formulate programs, projects and strategies that will:
a. Strengthen the implementation of all international and national, special statutes, rules
and regulations, memoranda, circulars, and other issuances promoting gender equality,
sexuality, reproductive health and rights;
b. Mainstream gender concerns in the formulation of development plans, programs,
policies and activities;
c. Step-up gender-sensitivity awareness campaigns and programs on gender issues and
concerns;
d. Reinforce GO-PO-NGO-PS cooperation to maximize the effectiveness of programs
and services addressing Gender and Development concerns;
e. Support and increase the participation of grassroots women including the women of
indigenous cultural communities in planning, implementation, monitoring and evaluation
of development programs;
f. Recommend appropriate programs that are gender-sensitive at all academic levels;
g. Ensure gender responsive relief and rehabilitation programs with special focus on
women’s and children’s needs;
h. Involve men in family planning programs, health and child care and nutrition concerns
and engage them in projects that will enhance the well-being of the family;
i. Orient and educate the manpower resources of commercial establishments, schools,
other government agencies and the local mass media and advertising agencies and
encourage them to promote gender development in their respective fields of endeavor;
j. Set up crisis intervention centers and shelters in the City of Angeles for victims of
violence against men, women and their children and other social conflicts especially the
survivors of violence against women and children;
k. Institutionalize capability-building programs among women in the barangay level so as
to enable them to gain confidence to participate in the community projects and in making
their opinions heard by the decision-making bodies;
l. Create the necessary mechanisms to enable indigenous women to participate in
development programs and gain access to non-traditional sources of livelihood, credit
financing, productive skills and technologies.

Section 1.04. Definition of Terms. – The definition of terms and phrases shall be reflected in
the different ordinances comprising this Code.

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 CHAPTER 2

GENDER AND DEVELOPMENT

Article A. CREATING THE CITY GENDER AND DEVELOPMENT (GAD)

COUNCIL OF ANGELES CITY, DEFINING ITS POWERS AND DUTIES.

Section 2A.01 . Definition of Terms. For purposes of this Ordinance, the following shall
mean:

a. Sex – is the genetic and physical or biological identities of a person which indicates
whether one is male or female;

b. Gender – refers to socially learned behavior and expectations associated with the two
sexes. Thus, whereas maleness and femaleness are biological facts - masculinity and
femininity are culturally constructed attributes. It also refers to the socially differentiated
roles and characteristics attributed by a given culture to women and women. In short, all
differences besides the strictly biological;

c. Gender and Development - refers to a development approach that recognizes the unequal
status between men and how this is generated and reflected in all aspects of our socio-
economic, political, cultural and personal lives. The process of integrating gender at the
level of policy making, planning and program development, implementation and
management is aimed towards gender equality, gender equity ultimately to achieve
women’s empowerment.

d. Gender Issues / Concerns – issues, concerns and problems arising from the different roles
and played by women and men, as well as those that arise from a questioning of the
relationship between them;

e. Gender-Responsive Planning / Gender Responsive Development Planning – it is simply

the use and integration of the Gender and Development (GAD) framework into the entire
development planning cycle. It rests on the premise that introducing gender
considerations makes development planning / programming more “people oriented”;

f. Gender Responsive Programs / Projects – these are programs and projects that
systematically incorporate or address gender concerns.

g. Gender and Development Plan – is a systematically designed set of programs, projects

and activities carried out by the Gender and Development Council over a given period of
time to address issues and concerns particularly those that revolves in the women sector;

h. Practical Gender Needs – these have to do with what people need to perform their current
role, more easily, effectively, or efficiently and they can usually be identified by people
themselves; i.e. lack of resources, like health and education services etc.;

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 i. Strategic Gender Needs – these are concerned with changing the subordinate
(disadvantaged) position of women in society; i.e. improving educational opportunities
(adult literacy classes, female teachers provided as role models etc), allowing women to
take part in decision making (local committee membership, participation in election etc),
allowing equal opportunities for employment (equal pay for comparative jobs even if
there is a gender division of labor);

j. Women in Development – a development framework or approach which gives

recognition to the distinct needs and capacities of women with considerable focus on
developing strategies and action programs that will facilitate participation in the
productive sector;

k. Gender-Responsive Medium Term Plan - articulates the vision, mission, goals and
strategies for gender equality and women’s empowerment of an agency or LGU for the
medium term plan, usually covering six years.

l. Mainstreaming Gender Concerns – integration of gender concerns in the development

agenda in order to address gender inequalities.

m. Gender Women with Disability Comprehensive Plans – these are programs/projects and
activities that are systematically attainable based on the prevailing grievances of women
with disability towards self-development, self-reliance and full participation into the
mainstream of society.

Section 2A-02. Creation of the Gender and Development (GAD) Council . There is hereby
created a Gender and Development (GAD) Council in the City of Angeles at the City level only;

Section 2A-02.A. Composition of the GAD Council. The City Gender and Development
Council shall be headed by the City Mayor as the Chairperson and co-chaired by an elected
Chairperson from the representative of women NGOs in the city who must not be a government
employee either appointed or elected. The Co-Chairperson shall have the authority to preside in
the absence of the Chairperson and submit for approval any and all recommendations of the
members of the Council to the Chairperson. The Council shall be composed of the following
members:

a. The Chairperson of the Committee on Women;

b. The representative of the Pederasyon Ng Mga Sangguniang Kabataan;
c. The City Social Welfare and Development Officer (CSWDO);
d. The City Health Officer;
e. The City Population Officer;
f. The City Planning Officer;
g. The Gender and Development (GAD) Officer;
h. Representative of the Association of Barangay Captains;
i. One representative from the government sector to be appointed by the City Mayor
j. Representative of the Women Non-Government Organizations operating in the city,
who shall constitute fifty percent (50%) of the member of a fully organized GAD
Council in the first year of implementation. On the second year of implementation, equal
number of representation from GO and NGO will compose the fully organized GAD
Council.

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Section 2A.03. Representation of Women Non-Governmental Organization. Within a period
of sixty (60) days from the start of the organization of the GAD Council, the women non-
governmental organizations (WNGO’s) shall choose from among themselves their representation
in the said council. (Sec.2A.04a)

Section 2A.04. Eligibility/Criteria for the accreditation of Women’s Non-Governmental

Organizations. The local sanggunian and city.

a. At least six (6) months of existence on the first year of the first year of implementation of
this ordinance, with vision, mission, goal and three years plan;
b. On the second year of implementation of this ordinance, at least two (2) years of
operation with vision, mission, goal and three years plan;
c. Submit the latest financial report;
d. Their existence must be certified by any of the following:
d.1. City mayor or city council through a city resolution;
d.2. Affiliation to city, provincial, regional or national registrations;
d.3. CDA or SEC registration;

Section 2A.05. Secretariat. – There is hereby constituted for Gender and Development Council
a secretariat which shall be responsible for providing technical support, documentation of
proceedings, preparation of reports and other assistance as may be required in the discharge of its
functions. The GAD Council may avail of the services of any non-governmental organization or
educational or research institution for this purpose; (Sec. 6a) The City GAD Council shall in
coordination and consultation with the different agencies of the government particularly the
National Commission on the Role of Filipino Women and the National Economic and
Development Authority formulate its own Gender and Development Programs/Projects;

Section 2A.06. Powers and Duties of the GAD Council. – For the proper implementation of
the GAD plans and to ensure the promotion of the welfare of the women sector, the GAD
Council shall exercise and perform the following powers and duties:

a. Formulate long-term, medium term and annual integrated gender and development plans
and policies;
b. Submit or develop a comprehensive developmental program responsive to the needs and
situation of the women sector of the city;
c. Identify the problem confronting the women sector and formulate programs, projects and
activities (PPA) that will uplift their condition;
d. Monitor and evaluate the implementation of national or local programs and projects;
e. Promote and support the establishment of consultative mechanism which shall provide
for a continuing dialogue between the government and the women sector;
f. Maintain and update a data bank through the conduct of primary and secondary data
gathering activities;
g. Determine the existing gender issues and dimensions and extent of the gender issues
within the city;
h. Prioritize the identified issues and draws up the objectives, targets and strategies address
to the GAD Council;
i. Estimate the resources needed in implementing the GAD Plan;
j. Conduct seminars on gender sensitivity and gender responsive planning;
k. Perform such other functions and exercise such other powers as may be provided by law
or competent authority.

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Section 2A.07. Meetings and Quorum. The GAD Council shall meet once a month or as
often as may be necessary. When both chairpersons are present, the City Mayor as matter of
protocol shall be given preference to preside over the meeting. Fifty percent (50%) plus one (1)
constitutes the quorum of the Council. The chairperson or the co-chairperson may call a
special meeting at any time as the exigencies of the program may require.

Section 2A.08. Women’s Month. The celebration of the women’s month shall be held every
8th day of March. A mandatory non-working holiday shall be declared in public office/s of the
city government for the celebration of the women’s month, to which an amount shall be
appropriated necessary and sufficient to cover the expenses which shall be incurred by reason
thereof subject to the existing accounting rules. (Sec 9a)

Section 2A.09. Executive Committee. The GAD Council shall create an executive committee
to represent it and act in its behalf when it is not in session. The composition of the executive
committee shall be as follows: (Sec. 10a)

a. The Executive Committee of the City Gender and Development Council shall be
composed of the City Mayor and its co-chairperson, Chairman of the Committee on
Women, Chairman of the Committee on Appropriations, the City Social Welfare and
Development Officer, GAD Officer, the chosen representative of the City Mayor and the
chosen representatives of women non-government organization/people’s organization
represented in the council as members;

b. The Executive Committee shall exercise the following powers and duties:
b.1. Ensure that the decision of the council are faithfully carried out and implemented;
b.2. Act on matters requiring immediate attention or action by the council;
b.3. Formulate policies, plans and programs based on the general principles laid down by
the council;
b.4. Act on other matters that may be authorized by the council;
b.5. All decisions emanating from the council must be a product of a democratic process;
b.6. All decisions on the council should be decided by the majority vote of the members
of the executive committee;
b.7. Integrate and monitor the GAD Plans;
b.8. Points to steer and oversee gender mainstreaming in the GAD Plan;
b.9. To exercise such other powers and duties as the law may provide; necessary in the
proper implementation of the programs;

Section 2A.10. Relation of GAD Council to the Sanggunian and the Regional Focal Point
Agency.

a. The policies, programs and projects proposed by the GAD Council shall be submitted to
the Sanggunian concerned for its approval and/or ratification.
b. The GAD plans must be integrated with the whole development plan of the city.
c. The approved GAD Plans will be submitted to NCRFW (National Commission on the
Role of Filipino Women) to help them determine the kind of technical assistance they
need in implementing GAD plan.

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Section 2A.11. Sectoral and Functional Committee. The GAD Council may form sectoral and
functional committees to assist them in the performance of their functions. It can also create and
organize a core group of GAD advocates or GAD Focal points to steer and oversee gender
mainstreaming in the GAD Plan.

Section 2A.12. GAD Budget.

Section 2A.12.A. The annual GAD Budget shall give priority to the following:

a. Education and Human Resources Development;

b. Health, Nutrition and Family Planning;
d. Social Welfare and Community Development (e.g. Barangay Day Care Centers, Senior
Citizens and the Persons with Disability welfare programs);
e. Labor and Employment;
f. Special Concerns (e.g. Women and Migration, Prostitution, Violence Against Women,
Women and Family, and Indigenous Cultural Communities)

Section 2A.12B. The GAD Budget may be used for the following budget items:

a. Personal services, for example, the salaries of workers directly engaged in GAD
programs, projects and activities;
b. Maintenance and other operating expenses for the cost of managing women’s shelter, a
women’s health project, training of women in non-traditional occupations, and training of
field workers in GAD, among others;
c. Capital outlay such as building of and providing equipment for women’s shelters and
training centers for women.

Section 2A.12C. The Accounting/Budget Office shall furnish the various GAD Councils’
information on financial resources and budgetary allocations applicable to their respective
jurisdictions to guide them in their planning functions. Particularly, 5% of the general
appropriation for the year shall be allocated annually for the programs and projects strictly of
the GAD Council in accordance with the implementing guidelines as stated below.

Section 2A.12D. The minimum of five percent (5%) of the GAD Fund shall be used for
The following purpose/s:

a. GENDER MAINSTREAMING (GM). – It is the integration of gender concerns in the

development agenda in order to address gender inequalities. Some indicators of this
process are as follows:

a.1. Situation analysis which identifies (a) differences or similarities in women’s and
men’s conditions; (b) practical gender needs; (c) strategic gender needs and (d)
potential and constraints to women’s ability to participate in and benefit from
Programs, Projects and Activity (PPA);
a.2. Determines gender goals and set targets for women’s empowerment towards
reducing gender inequality;
a.3. Strategies include ways to enhance women’s participation in and benefits from
PPA’s and gender sensitivity training;
a.4. Activities aim to include both men and women; and where needed, new activities
for women are designed;
a.5. Budgets must be allocated for gender-related activities, with respect to priority
thrusts in relation to practical gender needs particularly of women and in
consideration of the over-all city women development plan;
a.6. Conducting seminars or gender sensitivity and gender-responsive planning;

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 b. SETTING UP OF GAD FOCAL POINTS AND INSTITUTIONAL MECHANISM.
Includes the creation and strengthening of agency mechanisms such as Focal Points,
Technical Working Groups, and Trainers’ Pool tasked to guarantee that GAD concerns
are recognized and addressed which should includes the following:

b.1. ADVOCACY and TRAINING. These are activities that develop awareness and
support for GAD, equip development workers with skills required for gender
mainstreaming, and sustain interest and concern for gender issues and gender focused
undertakings.

b.2. PROGRAM PLANNING. These are activities provide planners with skills,
guidelines and instruments to ensure that gender-responsive programs and projects
are drafted and implemented.

b.3. DEVELOPMENT OF A GENDER-RESPONSIVE DATA and INFORMATION

SYSTEM. These are activities make available data and information needed for
designing, implementing, monitoring and evaluating GAD efforts. They involve
reviewing and reformulating specific indicators to assess how programs and projects
address gender issues.

c. WOMEN-SPECIFIC (WS) PPA. These are activities intended to directly benefit women,
including those that improve their access to basic services, such as the following:

c.1. Women’s health and safe motherhood programs and projects;

c.2. Skills training for women;
c.3. Crisis center for women;
c.4. Training women in non-traditional trades;
c.5. Provision of technical (i.e. providing gender neutral textbooks) and financial
resources for women;
c.6. Mobilization and organization of women;
c.7. Counseling and therapy for women;

Section 2A.13. GAD OFFICER. The necessity to employ the services of an academically
prepared and competent GAD OFFICER is a must. Hence no person shall be appointed as GAD
Officer unless he/she is a citizen of the Philippines, a resident of the city government concerned
of good moral character, a holder of a college degree from a reputable college or university, and
a first grade civil service eligible or its equivalent. The GAD Officer shall be appointed by the
mayor based on the aforementioned qualifications and shall receive such remuneration
equivalent to a salary grade 20.

The GAD Officer shall:

a. Manage, organize and administer the affairs of the GAD Council;

c. Formulate plans, objectives and measure together with the members of the GAD Council
particularly those which have to do with the GAD programs/plan management related
programs the end results of which would contribute to the accomplishment of the mission
or the goals of the program;
d. Collect data and set information to guide the GAD Council;
e. Supervise and monitor all GAD activities;
f. Organize the GAD Secretariat Office;
g. Appoint qualified individuals to positions that may arise from the creation of the GAD
Secretariat Office with the approval of the City Mayor;
h. Perform such other functions as the Council may provide;

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 CHAPTER 3

PROTECTING AND PROMOTING WOMEN AND CHILDREN’S HUMAN

RIGHTS.

Article A. PROMULGATING POLICIES AND MEASURES FOR THE PREVENTION

AND CONTROL OF HIV/AIDS/STI IN ANGELES CITY, STRENGTHENING THE
ANGELES CITY AIDS COUNCIL, PROVIDING FOR ITS POWERS AND FUNCTIONS
AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER
PURPOSES.

Section 3A.01. Short Title – This Ordinance shall be known as the “Angeles City AIDS
Prevention and Control Ordinance.”

Section 3A.02. Declaration of Policies and Principles. Acquired Immune Deficiency

Syndrome (AIDS) is a disease/condition that recognizes no territorial, social, political and
economic boundaries for which there is no known cure. The gravity of the AIDS threat demands
strong state action today, thus, the City Government of Angeles City shall adhere to the
following international, national and local policies and principles:

a. ARTICLE 3 of the United Nations Convention of the Elimination of all Forms of

Discrimination Against Women (UN-CEDAW) states the obligation of the state to take all
appropriate measures to ensure the full development and advancement for women, for the
purpose of guaranteeing them the exercise and exercise and enjoyment of human rights and
fundamental freedoms on the basis of equality with men;

b. Item C, Women and Health of the Strategic Objectives and Actions of THE BEIJING
DECLARATION AND PLATFORM FOR ACTION which was adopted by the United Nations
of the Fourth World Conference on Women in Beijing, China, our country, being a signatory,
committed to:

b.1. Increase women’s access throughout the life cycle to appropriate, affordable and
quality health care, information and related services;
b.2. Strengthen preventive programs that promote women’s health;
b.3. Undertake gender-sensitive initiatives that address sexually transmitted disease,
HIV/AIDS, and sexual and reproductive health issues;
b.4. Promote Research and disseminate information on women’s health;
b.5. Increase resources and monitor follow-up for women’s health;

c. Item D, Violence Against Women (VAW) of the Strategic Objectives and Actions of the
BEIJING DECLARATION AND PLATFORM FOR ACTION our government committed to:

c.1. Study the causes and consequences of violence against women and the effectiveness
of preventive measures;
c.2. Eliminate trafficking in women and assist victims of violence due to prostitutions and
trafficking;

d. Article 34, United Nations Convention on the Rights of the Child (CRC) provides that the
state shall protect children from sexual exploitation and abuse, including prostitution and
involved in pornography.

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e. ARTICLE II, SECTION 10, OF THE 1987 Philippine Constitution states that “the state values
the dignity of every human person and guarantees full respect for human rights.

f. Article II, SECTION 14, of the 1987 Philippine Constitution states that “the states recognizes
the role of women in nation-building, and shall ensure the fundamental equality before the law of
women and men”;

g. SECTION 15 of the 1987 Philippine Constitution states “The state shall and promotes the
right to health of the people and instill health consciousness among them”;

h. ARTICLE II, SECTION 18, of the Philippine Constitution states that “the state affirms labor
as a primary social economic force. It shall protect the rights of workers and promote their
welfare”;

i. ARTICLE II, SECTION 20, of the Philippine Constitution states that “The state recognizes
the indispensable role of the private sector, encourage private enterprises, and provides
incentives to needed investments”;

j. ARTICLE II, SECTION 23of the 1987 Philippine Constitution states that ‘The state encourage
non-governmental, community- based ,or sectoral organization that promote the welfare of the
nation;

k. ARTICLE II, SECTION 25 of the 1987 Philippine Constitution states that ‘The state shall
ensure the autonomy of local governments.”

l. Republic Act No.8504 known as ‘An Act Promulgating and Preventing Measures for the
Prevention and Control of HIV/AIDS in the Philippines’ was entitled declaring the following
policies.

l.1. The state shall promote public awareness about the causes, modes of transmission
consequences, means of prevention and control of HIV/AIDS through a comprehensive,
city wide educational and information campaign organized and conducted by the city.
Such campaigns shall promote value formation and employ scientifically proven
approaches, focus on the family as a basic social unit, and be carried out in all schools
and training centers, work places and communities. This program shall involve
individuals and groups who are concern with regulation and prevention of HIV /STI.
l.2. The state shall extend to every person expected or known to be infected with
HIV/AIDS full protection of his/her human rights and civil liberties. Toward this end,

l.2.a. compulsory HIV testing shall be discouraged unless otherwise provided in

this ordinance;
l.2.b. the right to privacy of individual with HIV/shall be guaranteed;
l.2.c. discrimination in all forms and subtleties against individual with HIV or
persons perceived or suspected of having HIV shall be considered inimical to
individual and national interest ;and
l.2.d. provision of basic health and social services for individuals with HIV/shall
be assured.

l.3. The state shall promote utmost safety and universal precautions in practices and
procedures that carry the risk of HIV transmission.

l.4. The state shall positively address and seek to eradicate conditions that aggravate the
spread of HIV infection, including but not limited to poverty, gender, inequality,
prostitution, marginalization, drug abuse and ignorance.

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. l.5. The state shall recognize the potential role of affected individuals in propagating vital
information and educational messages about HIV/AIDS and shall utilize their experience
to warm the public about the disease;

m. Presidential Executive Order No. 273, approved and adopted the Philippine Plan for Gender
Responsive Development (1995-2025), directs all government agencies at the national, regional
and local levels to take appropriate steps to ensure that the policies, programs, projects and
strategies outlined thereat;

n. Item 3, Policies and Strategies, Policy Advocacy and Legal Reforms of the Philippine Plan for
Gender Responsive Development (PPGD) states that “women and children should no longer be
arrested or fined like criminals” (ESCAP, 1991:57). “Decriminalization of the prostitutes should
go hand in hand with the apprehension and prosecution of agents, recruiters, traffickers, pimps,
procurers, establishment owners, customers and others who derive sexual gratification, financial
gain and advancement, or any other benefit from the prostitution of others, Decriminalization
means the abolition of sexist discrimination in general and removing the culpability and
criminality which the law places specifically on women prostitutes.”

o. Angeles City Ordinance No. 9, Series of 1979, prohibits secret or hidden partitions, cubicles or
booths in cabarets, dancing halls, and other similar establishments;

p. Angeles City Ordinance No. 25 Series of 1964, imposes certain requirements on night clubs,
bars, dancing halls and similar establishments, and on waitresses and other women similarly
employed in such establishments for the control venereal diseases and prescribing penalties for
its violation;

q. Angeles City Ordinance No. 21 Series of 1989, mandating all hotels, motels, apartels, drive-
ins, lodging houses or any similar establishments thereof, to provide condoms for use of their
guests and providing penalties thereof;

r. Angeles City Ordinance No. 90, Series of 1999 entitled “An Ordinance Amending Ordinance
No. 82, Series of 1998 entitled “An Ordinance Creating the City Gender and Development
(GAD) Council of Angeles City, Defining its Powers and Duties”, Section 12 on GAD Budget
provides that the annual GAD Budget shall give priority to health nutrition and family planning
and other concerns;

s. City Mayor’s Executive Order No. 28, Series of 1999 provides the implementation of a
guideline in the “Policy Development and Advocacy for the prevention of HIV/STI in Angeles
City”.

t. City Mayor’s Executive Order No. 31 and 31-A, Series of 1998 provides for the Creation of
the Angeles City AIDS Council (ACAC) and further strengthening its operations;

u. It is declared policy of the city government to promote the welfare and well-being of the
general public,

v. The city government is responsible to educate the community in preventing the spread of HIV
and other sexually transmitted diseases.

w. It is the responsibility of the city government to provide medical and social assistance to the
local individuals and their families that may be affected by STI/HIV/AIDS;

x. The City of Angeles recognizes the fact that prostitution is a growing social menace in the
society;

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y. In recognition of the efforts of various non-government organizations who supported and
lobbied which lead to the passage of this ordinance which are as follows: (1) Angeles University
Foundation – Office of Community Extension Services (2) PATH Foundation Philippines, Inc.
(3) AIDS Council members such as LACEM , MALKEA and ALKA (4) Pearl S. Buck, Inc. (5)
Reach Out Foundation (6) IMA Foundation (7) member organizations of the Angeles City
Women’s Coordinating Council ( ACWCC) such as Women Health , KKKA, KAMASA,
WEDPRO, NAGKA, NUTRILINC and others;

z. In compliance with the provisions of the Constitution, Republic Act No. 8504 and other
existing international, national, and local laws and directives, efforts should be made by the city
government to enact policies and measures that will ensure the promotion of the right to health
and protection of its constituents from any health and social ills that will hamper their full
development.

Section 3A.03. Definition of Terms – As used in this Ordinance, the following terms are
defined as follows:

a. Acquired Immune Deficiency Syndrome (AIDS) shall mean a condition characterized

by a combination of signs and symptoms, caused by HIV contracted from another person
and which attacks and weakens the body‘s immune system, making the afflicted
individual susceptible to other life threatening infections.

b. Condom – shall mean a device used to prevent the transmission of HIV/AIDS/STI

c. Decriminalize – shall mean to eliminate criminal penalties.

d. Entertainment Establishment‘s policies – shall refer to the statement of provisions of

work and benefits of entertainers /employees.

e. Floor Manager – refers to an individual who supervises the activities of the entertainers.

f. “Human Immunodeficiency Virus (HIV) “– refers to the virus which causes AIDS.

g. “HIV/AIDS Prevention and Control” – refers to measures aimed at protecting non-

infected persons living with HIV.

h. “Persons living with HIV” – refers to an individual whose HIV test indicates, directly or
indirectly, that he /she is infected with HIV.

i. Operator – refers to any natural or judicial persons who or which is/are granted permit
/license to operate an entertainment establishment.

j. Lewd - inclines to, characterized by or inciting to lust or lechery, obscene or incident;

low or vulgar or shall mean in accordance with the Offenses Against Decency and Good
Customs of the Article 201 of the Revised Penal Code.

k. Manager – refers to an individual who has the direct control and supervision of the
employees working within the establishments; their other job descriptions shall be
defined by their employer.

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 l. Entertainer – shall mean a person who is employed in an entertainment establishment
who renders entertainment service to customers, such as GROs, dancer, masseurs,
cocktail waitresses and other similar occupations;

m. Information Dissemination – refers to the process of relaying the policies, manner of

prevention, causes and sources of infection of STI/HIV/AIDS to all persons, operators
and workers in the entertainment industry.

n. Illegal Entertainment Establishments – refers to entertainment establishments which

operate without a business permit.

o. Entertainment Establishments – are business establishments which include but not limited
to the following: bars, night clubs, disco houses, beer houses, cocktail lounges, massage
clinics, karaoke bars, sing–along pub houses and other similar establishments which
secured a permit to operate within the Angeles City.

p. Information Material – shall mean any written and/or printed material which educates the
public.

q. Medical Practitioners – licensed Doctor of Medicine engaged in health work in hospitals,

clinics, sanitaria, health stations, barangay health centers and the like.

r. Employees – includes any person in the employ of an employer.

s. Minor – a person who is below eighteen (18) year of age or those but are unable to fully
take care of themselves or protect themselves because of a physical or mental disability
or condition.

t. Reproductive Health – As defined in the Cairo International Conference on Population

and Development and World Health Organization and affirmed during the Beijing
Conference of the United Nations, 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 its functions and processes, i. e. people
are able to have a satisfying and safe sex life and have the capability to reproduce and the
freedom to decide it, when and how to do so.

COMPOSITION, POWERS AND FUNCTIONS OF THE ANGELES CITY AIDS

COUNCIL

Section 3A.04. Composition of the Angeles City AIDS Council (ACAC). The Angeles City
AIDS Council shall be composed of multi sectoral/ heads from the city government:

Chair: City Mayor

Co-Chair: City Health Officer]
Members: Chairman, Com. On Women, Sangguniang Panlungsod
Chairman, Com. On Health, Sangguniang Panlungsod
City Director, Angeles City Police Office
City Social Welfare & Development Officer
City Tourism Officer
Gender and Development Officer
Director, Rafael Lazatin Memorial Medical Center
Civ. Of City Schools Superintendent, DepEd
Person Living with HIV
Two (2) NGOs working on HIV/STI prevention, to be designated
By the City Mayor
Head, Reproductive Health & Wellness Center
Chairman, Sangguniang Kabataan
President, Liga ng mga Barangay
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Section 3A.05. Powers and Functions of the Council – The Angeles City AIDS Council shall
have the following powers and functions:

a. Formulate policies and strategies for the prevention and control of HIV/AIDS/STI within
Angeles City.
b. Prepare short term, medium term and long term plans for the prevention and control of
HIV/AIDS/STI;
c. Identify and prepare remedies to problems in program implementation, program
coordination, gaps in policy guidelines and enhance local multi-sectoral response to
HIV/AIDS/STI concerns;
d. Develops skills training, advocacy programs, and strategies to benefit the people with high-
risk sexual behavior, to STI;
e. Recommend to the Sangguniang Panlungsod enactment of laws that shall control and
prevent the spread of HIV/ STI/AIDS;
f. Conduct studies as to the causes of HIV/STI/AIDS incidence in Angeles City.
g. Shall ensure that education and information activities on Reproductive Health,
HIV/AIDS/STI prevention shall reach the different communities;
h. The AIDS Council shall recommend the closure of any establishment found violating the
prohibited acts as mentioned under Article VII (Section 3A.022) of this ordinance.

Section 3A.06. Secretariat of the Angeles City AIDS Council. The Secretariat shall be the
Reproductive Health and Wellness Center (RHWC) which can jointly work in partnership with
an accredited NGO or institution.

Section 3A.07. Declaration of AIDS Awareness Month. The month of May is hereby declared
as the month of AIDS awareness month to coincide with commemoration day for person living
with HIV/AIDS and the International Day of Action on Women’s Health likewise AIDS
awareness should culminate on the month of December being the World AIDS prevention
month.

Section 3A.08. Advocacy Programs for the AIDS Awareness Month. There shall be a
advocacy program for the whole month of May for the dissemination for the prevention and
control of AIDS.

FUNCTIONS OF THE REPRODUCTIVE HEALTH AND WELLNESS

CENTER (RHWC)

Section 3A.09. Renaming of the Social Hygiene Clinic to Reproductive Health and Wellness
Center (RHWC) and providing its functions. The RHWC shall function but not limited to the
following:

a. Shall provide reproductive health care services;

b. Section 9.b. Shall provide education and information dissemination activities the
promotion of reproductive health, prevention and control of HIV/AIDS and STD;
c. Case management of clienteles for various necessary information;
d. Shall provide reintegration and renewal program for entertainers and
other person who have practiced high risk sexual behavior, livelihood programs,
counseling and crisis intervention, training, organizing and other needs of their clientele;

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 e. Monitoring and evaluation of cases handled;
f. Shall coordinate with other agencies of the city government for referral of cases and
provision of other health care services and other needs of its clienteles like livelihood
projects, alternative home, scholarship and other agencies;
g. Minors shall be referred to concerned agencies (GOs and NGOs) for further assistance.
h. Shall conduct HIV counseling and t4esting for entertainers, most at risk population,
vulnerable group (youth) and with similar occupation in a voluntary, regular basis.
Further, pre and post test counseling shall likewise be administered before any
examination may be considered.

Section 3A. 10. Renaming of Pro-Book. The pro-book is likewise hereby renamed as
“Health Card.”

RULES AND REGULATION FOR THE PREVENTION OF HIV/STI/AIDS

Section 3A.11. Rules regarding compulsory AIDS/STI education. It shall be

mandatory/compulsory for all operators, managers and entertainers of entertainment
establishment to attend seminars on AIDS/HIV/STI prevention conducted semi-annually by the
RHWC, no permit to operate shall be granted to said registered entertainment establishment for
violation thereof.

Section 3A.12. Requirements for the issuance of permit to operate. No establishment shall
be allowed to operate unless a certificate of attendance to all its employees has been issued in
compliance with Section 3A.11.

Section 3A.13. Availability of condoms and other information materials for the prevention
of HIV/STI/AIDS shall be available in entertainment establishments including hotels,
motels, lodging houses, sauna and others.

a. The availability of condoms. It shall be required that all Entertainment Establishments,

hotels, motels, lodging houses, sauna and others to make condoms available within their
establishments and provide guidance on the correct and consistent use of the same.
b. Information materials. It shall be required for all Registered Entertainment
Establishments, hotels, motels, lodging houses, sauna and others to make information
materials on HIV/AIDS and STI prevention and control available within the
establishments and to provide such information materials when requested by customers
especially on the guidance on the correct and consistent use of condom.
c. The visibility of posters and other information materials. All entertainment
establishments, hotels, motels, lodging houses, sauna, and others are required to make
their posters visible within their premises particularly located in comfort rooms and
dressing rooms.

Section 3A.14. Conduct of medical examination of entertainers and others with similar
occupation. All entertainers and others with similar occupation shall undergo a weekly medical
examination (gram staining) to be conducted in a regular basis by the RHWC or a private clinic
duly accredited by the Sangguniang Panlungsod, and approved by the city mayor.

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 a. Attendance to seminars. No entertainment establishments shall be given a license or
permit to operate unless the operator and entertainer shall have attended the seminar as
required by the ordinance and an approved module to this effect shall be approved by
the AIDS Council and RHWC for uniformity of implementation.

b. Newly registered entertainment establishments. It shall further be mandatory to all

operators, managers and supervisors of newly entertainment establishments to attend
seminars and to secure a Certificate of Attendance before it can be issued a license to
operate.

Section 3A.15. Elimination of Social Stigma. All the activities to be undertaken for the
prevention and control of HIV/AIDS should be addressed towards both men and women.
Women’s and children vulnerability to HIV/AIDS infection based on their reproductive and
physiological attributes should be highlighted.

Section 3A.16. Submission of Policies. It shall be compulsory for all owners and managers of
entertainment establishments to provide the city government and the entertainers’ copies of the
entertainment establishment policies in accordance with labor laws and other related national and
local policies.

Section 3A.17. Concerning Birth Certificates and other legal documents. All applicants
seeking employment in entertainment establishments must be of legal age, shall present to the
employer an authenticated Birth Certificate issued by the National Statistics Office (NSO), SSS
ID, Police Clearance and NBI Clearance, after which the employer will endorse the same to the
City Health Office for the issuance of health certificates.

Section A3.18. Compilation of roster of entertainers/employees. The RHWC shall maintain

regular compilation of all entertainers and employees (master list) particularly indicating their
ages and the respective establishment where they are employed.

PROHIBITED ACTS

Section 3A.19. Prohibited Acts in the entertainment establishments. No entertainment

establishment shall practice any of the following prohibited acts:

a. Offering entertainment that appeals exclusively to the prurient interests of

people and must be in accordance with the entertainment for public and general
patronage as provided by the Revised Penal Code;

b. Allowing presentation of lewd shows and other entertainment activities that violates
gender sensitive accepted standards that are offensive to morals, decency, and
obscenity;

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 c. Provides facilities such as private entertainment rooms with locks from
the inside and outside glass, partition/ walls that are non-transparent or with any form
of obstruction from public view that facilitates the practice of illegal activities such as
prostitution, use of illegal drugs, acts of lasciviousness and other illegal acts that
violates women’s rights, said establishment are allowed to put a three (3) feet based
for glass partition, six (6) months to comply upon passage of this ordinance;

d. Tolerating the activities of pimps or any person soliciting money for

Sexual favors;

e. Any patron, pimp, manager or operator, government officials/employee

or any person caught watching or participating in anyway during the conduct or
allows of a lewd show shall be likewise penalized;

f. Any operators/managers of entertainment establishments found violating

any labor law shall be penalized;

g. No public official or any government enforcement officers shall be

allowed to apprehend the women and children found within an entertainment
establishment, otherwise, such act shall be penalized in this ordinance;

h. No operator/owner/manager can dismiss or penalize an entertainer by

reason of rejection of a client;

i. Any person who shall insists to stay in an entertainment when he has

been requested to leave by reason of existing behavior contrary to public norms may
be penalized under this ordinance;

j. No entertainment establishment can refuse entry to an unescorted lady/

woman.

k. Any person who shall falsify the certificate of attendance shall be

penalized in this ordinance.

l. No person shall make any monetary/ financial collection or other form

with material value except for payment of duly authorized membership dues of
accredited organizations.

m. No police officer or any officer in charge in the enforcement of any law can arrest
any minor or women on mere suspicion that they engage in solicitation of money for
sexual favors or vagrancy unless they have proven otherwise.

Section 3A20. Prohibition against medical malpractice. No medical practitioners or other

staff assisting or directly providing medical services/exams to clientele shall be insensitive
and/or inhumane in their treatment of said patients. Clientele should be made aware of their
rights to file charges for abuses committed against them.

Section 3A.21. Prohibition against hiring of minors. No entertainment establishment shall be

allowed to hire any minor.

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Section 3A.22. Regulation concerning minor within and near the vicinity of an
entertainment establishment.

a. No minor shall be allowed to enter an entertainment establishment, and when a minor

is found violating this provision, his/her parent shall be held liable for such offense.

b. All minors shall be prohibited within five (5) meters away from an entertainment
establishment, unless accompanied by a parent, relative or a person of the age of
majority.

c. Any parent found neglecting his/her parental authority and as consequence, a minor is
found violating this ordinance, the parent shall be charged and not he minor.

Section 3A.23. Prohibition against divulging of confidential information of persons living

with HIV/AIDS/STI. Any person working in the government or any NGO who shall have
access to confidential information acquired by reason of his/her position in the implementation
of this ordinance, and who shall divulge the same to the public shall be prohibited.

Section 3A.24. Prohibition against illegally operating entertainment establishments. All

illegally operating entertainment establishments who have not acquired business permit/license
to operate shall be prohibited.

Section 3A.25. Penalty. Any person found guilty of violating all the provisions of Sections
3A.22, 3A. 24 and 3A.27 of this ordinance shall be meted with the following penalties:

a. First Offense – to pay a fine P 2,000.00 and/ or an imprisonment of one (1) month
b. Second offense – to pay a fine of P 3,000.00 and or/ an imprisonment of three (3)
months.
c. Third offense – to pay a fine of P 5,000.00 and or/ an imprisonment of six (6) months
and/ or permanent closure of establishments.

Section 3A.26. Any person found guilty violating Section 3A.11, 3A.20, 3A.22 and 3A.23 of
this ordinance shall be meted with the following penalties:

a. First offense – to pay a fine of P 2,000.00

b. Second offense – to pay a fine of P 3,000.00
c. Third offense – to pay a fine of P 5,000.00

Section 3A.27. Any government officer found guilty violating Section 3A.19d, f, k, and l shall
be charged administratively against graft and corruption practices and shall pay a fine of P
5,000.00 and imprisonment of one year.

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 IMPLEMENTATION AND MONITORING

Section 3A.28. Implementing and Monitoring Agencies. The following city government
offices and private agencies are tasked coordinated in the strict compliance and enforcement of
this ordinance:

1. RHWC
2. License and Permit Division
3. AIDS Council
4. Angeles City Police Office- Women’s Desk
5. Gender and Development Office/ Council
6. Social Welfare and Development Office
7. Accredited NGOs
8. City Health Office

Section 3A.29. . Police Women’s Desk.. The PNP Women’s Desk is tasked to file all
corresponding violation on the prohibited acts of this ordinance.

APPROPRIATION

Section 3A.30. Appropriation. An amount equivalent to 10% of the GAD fund (which is 5%
of the General Fund of the City) shall be appropriated to fund the projects mentioned in this
ordinance, provided further that at least 30% thereof shall be used to purchase medicines for the
treatment of STI/HIV/AIDS.. All budgets for program designs shall be approved by the AIDS
Council.

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