EXCERPTS FROM THE MINUTES OF THE 106TH REGULAR
SESSION OF THE SANGGUNIANG BAYAN OF ORION, BATAAN,
HELD AT THE SESSION HALL OF THE ORION MUNICIPAL
LEGISLATIVE BUILDING ON JUNE 14, 2016
PRESENT:
Hon. Reynaldo S. Waje - Municipal Mayor and
Presiding Officer
Hon. June D. Hernandez - Sangguniang Bayan Member
Hon. Virgilio B. Isidro - Sangguniang Bayan Member
Hon. Jerzon Paul V. Ramirez - Sangguniang Bayan Member
Hon. Armando D. Nava - Sangguniang Bayan Member
Hon. Angelita C. Santos - Sangguniang Bayan Member
Hon. Luz D. Austria - Sangguniang Bayan Member
Hon. Warlito A. Isidro - Ex-Officio SB Member,
President – Orion LnB
ABSENT:
Hon. Rex Joseph R. Fuster - Sangguniang Bayan Member
Hon. Ma. Fe M. Alarcon - Sangguniang Bayan Member
MUNICIPAL ORDINANCE NO. 16-020-093
AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT
(GAD) CODE OF THE MUNICIPALITY OF ORION, BATAAN
Sponsor: Committee on Women and Family, Social Services and
Community Development
WHEREAS, over the decades, recognition and protection of
women and children’s rights became international issues, with the
adoption of the formidable code of rights for all children and women – the
landmark treaties: International Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) and the Convention
on the Rights of the Child (CRC);
WHEREAS, as one of the signatories to these treaties, the
Philippines, paving the road to humane and just country and even before
the birth of the 1987 Constitution, had promulgated Presidential Decree
No. 633, creating a National Commission on the Role of Filipino Women,
which served as advisory body to the President in formulating policies on
increased contribution of women in national development, review and
evaluate the extent of women’s integration in all sectors of economic life
and make recommendations which would guarantee the enjoyment by
women and men of full equality;
Municipal Ordinance No. 16-020-093 Page 1
WHEREAS, as a signatory to the Millennium Declaration, signed
in September 2000 at the United Nations’ Millennium Summit where the
Millennium Development Goal was adopted, the Philippines commit “to
promote gender equality and the empowerment of women, as effective
ways to combat poverty, hunger and disease and to stimulate
development that is truly sustainable.”;
WHEREAS, it is the policy of State to give value to the dignity of
every human person and guarantees full respect for human rights; to
recognize the sanctity of family life and to protect and strengthen the
family as a basic autonomous social institution; to equally protect the life
of the mother and the life of the unborn from conception; to recognize the
role of women in nation-building, and to ensure the fundamental equality
before the law of women and men; to afford protection for working women
by providing them safe and healthful working conditions, taking into
account their maternal functions;
WHEREAS, in the light of the aforesaid constitutional mandates,
the Women in Development and Nation Building Act came into law, which
underscored Gender and Development’s considerable niche from the
national appropriations to date in the efforts of mainstreaming gender
perspectives to achieve gender equality and women’s empowerment
within government policies and services, the Philippine government is
maintaining policies towards this end;
WHEREAS, in promoting the role of women as full and equal
partners of men in nation-building, the city undertakes to enhance the
women’s full potentials, uplift their status and improve their quality of life
thru the enactment of gender-responsive policies; the integration of
practices that promote Gender Equality and Gender Equity in both the
public and private sectors, and; the eventual eradication of all forms of
violence against women and children;
WHEREAS, to date, the Municipality of Orion has set its end goal
towards gender and development responsive and supportive policies and
program directions, in harmony with the Philippine Plan for Gender-
Responsive Development 1995-2025;
WHEREAS, this milestone legislation then tracks to provide a
codal presentation of laws, rules and regulations to aid the Municipality,
women’s movements and other stakeholders of civil society in achieving
the goals of:
a. Promoting gender-responsive governance,
b. Protecting and fulfilling women’s human rights, and
c. Promoting women’s economic empowerment;
WHEREAS, this Ordinance also includes the Municipality’s GAD
Planning and Budgeting Process in line with the guidelines set by the
Department of Budget and Management Joint Circular No. 2004-1 and
Executive Order No. 77 dated 06 March 2002;
Municipal Ordinance No. 16-020-093 Page 2
On motion duly seconded, be it
RESOLVED, as it is hereby resolved by the Sangguniang Bayan
of Orion, Bataan, in session duly assembled, to approve on third and final
reading the following Municipal Ordinance enacting the Gender and
Development Code of the Municipality of Orion, Bataan;
Be it ordained by the Sangguniang Bayan of Orion, Bataan that:
CHAPTER I
GENERAL PROVISIONS
ARTICLE I
TITLE, SCOPE, DECLARATION OF PRINCIPLES AND POLICIES,
GAD LEGAL BASIS AND MANDATES
Section 1. Title and Scope.
a. Title – This ordinance shall be known as the “GAD CODE OF
ORION of 2015”.
b. Scope – This Code covers all ordinances and resolutions
concerning Gender and Development in the Municipality of
Orion, Bataan.
Section 2. Declaration of Principles and Policies. – The
Municipality of Orion adheres to the principle of gender equality and
women empowerment and recognizes that women play an equally
crucial role in nation building.
In view hereof, the Municipality of Orion shall promote, protect
and fulfill the following rights of women:
1. The right to good and quality education;
2. The right to comprehensive health services;
3. The right to access loans and other forms of financial credit;
4. The right to join leisure, sports and cultural activities;
5. The right to decide on the number of children and on the
number of years pregnancies in accordance with the
Constitution;
6. The right to share in parenting activities;
7. The right to have equal access to jobs, benefits and social
security;
8. The right to be paid equally based on the job they do;
9. The right to be free from all forms of slavery and prostitution;
10. The right to vote, run for election and hold public office;
11. The right to represent the country internationally; and
Municipal Ordinance No. 16-020-093 Page 3
12. The right to acquire change or retain nationality and
citizenship.
Section 3. GAD Legal Basis and Mandates. – The adoption of
this GAD Code is in line with the Municipality’s promotion of women’s
economic empowerment, gender equality, gender responsive
development and governance and fulfillment of women’s human rights,
as embodied in the following local and national mandates and policies
and international commitment:
3.1 Local Laws and Policies.
a. Municipal Ordinance No. 08-020-058 – Children’s Code of
the Municipality of Orion, Bataan
b. Municipal Ordinance No. 12-020-077 – Revised
Comprehensive Solid Waste Management Code of Orion
C. Municipal Ordinance No. 05-020-038 - Sharing Scheme on
the Cost of Medicines Dispensed at the Orion Municipal
Health
3.2 National Laws and Policies:
1. Article II, Section 14 of the 1987 Constitution which 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”;
2. Article XIII, Section 14 of the 1987 Constitution which
recognizes women’s maternal and economic role;
3. Article XIII, Section 11 of the 1987 Constitution which
recognizes women’s special health needs;
4. 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;
5. 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;
6. Section 28 of the General Appropriations Act (GAA) from
1995 to 2000 directing government entities to formulate a
GAD Plan, the cost of which shall not be less than five
percent of their yearly budget, otherwise known as the GAD
budget;
7. Local Budget Memorandum No. 28 which directs local
government units to mobilize resources to mainstream and
implement gender and development programs using the
five percent fund;
8. 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
Municipal Ordinance No. 16-020-093 Page 4
and controlled corporations the use of non-sexist language
in all its official documents, communications and
issuances;
9. 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;
10. Framework Plan for Women which encourages agencies to
promote gender-responsive governance, protect and fulfill
women’s human rights, and promote women’s economic
empowerment.
3.3 Other Statutes:
1. RA 6725 or the Act Strengthening the Prohibition on
Discrimination Against with respect to Terms and Conditions of
Employment;
2. RA 6955 or the Anti Mail Order Bride Act;
3. RA 7322 or the Act Increasing Maternity Benefits of Women
Workers in the Private Sector;
4. RA 7688 or the Social Security Act of 1997;
5. RA 7877 declaring sexual harassment unlawful in the
employment, education and training environment;
6. RA 7882 or the Act Providing Assistance to Women Engaging
in Micro and Cottage Business Enterprises;
7. RA 8292 or the Magna Carta for Small Enterprises;
8. RA 8042 or the Migrant Workers and Overseas Filipinos Act of
1995;
9. RA 8343 or the 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;
10. RA 8353 or the Anti-Rape Act;
11. RA 8505 or the Rape Victim Assistance Act;
12. RA 8972 or the Solo Parents Welfare Act;
13. RA 9208 or the 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;
14. RA 9262 or the Anti-Violence Against Women and Children
Act;
15. Reproductive Health Care Act of 2002;
16. RA 8551 or the New Policy Act of 1998;
17. RA 6972 or the Act Establishing a Day Care Center in Every
Barangay;
18. RA 7600 providing incentives to all government and private
health institutions with rooming-in and breastfeeding practices;
19. RA 9442 or the Magna Carta for Persons with Disabilities;
20. RA 6949 declaring March 8 of every year as a working holiday
to be known as National Women’s Day;
Municipal Ordinance No. 16-020-093 Page 5
21. Magna Carta of Women (enacted August 14, 2009).
3.4 State Obligations and Commitments:
1. UN Convention on the Elimination of All Forms of Discrimination
Against Women (UN-CEDAW) 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 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
Program of Action.
ARTICLE II
DEFINITION OF TERMS AND ACRONYMS
Section 4. Definitions. – As used in this Code, the following terms shall
mean:
4.1. Access - in the development context, the means or right to
obtain services, products and commodities;
- in the context of the Gender Equality and Women’s
Empowerment Framework, access to resources and services is
an objective to gender equality, while women’s mobilization to
achieve equality is an element of women’s empowerment;
- an opportunity for a person to make use of existing political,
economic and time resources or benefits.
4.2. 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.
4.3. Battering – any single or sporadic act of physical, emotional,
psychological and economic abuse which shall include repeated
and habitual cyclic pattern as a means of intimidation and
imposition of the batterer’s will and control over the victim’s life.
4.4. Commoditization of Women – is a practice which puts
Municipal Ordinance No. 16-020-093 Page 6
women in subordinate situation, which results from the treatment
of women as both consumers and objects. As consumers, women
are lured to buy products to enhance their sexual and physical
attractiveness; as object of consumption, the body of a woman is
used to promote and sell a product or promote an activity.
4.5. 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.
4.6. Differently-abled – those who experience one or a
combination of physical and/or mental impairment with distinct
needs and potentials.
4.7. Discrimination against Women – in the terminology of the
United Nations Convention on the Elimination of All Forms of
Discrimination Against Women, it is any distinction, exclusion or
restriction made on the basis of sex, which has the purpose or
effect of denying equal exercise of human rights and fundamental
freedoms in all fields of human endeavor,
. 4.7.1. Discrimination – overt behavior in which people
are given different and unfavorable treatment on the basis
of their race, class, sex and cultural status; any practice,
policy or procedure that denies equality of treatment to an
individual/group.
4.8. Domestic Violence – is physical, psychological, social or
financial violence that takes place within an intimate family-type
relationship and forms a pattern of coercive and controlling
behavior.
4.9. Domestic Worker/Household Help – one employed in the
service of a family or private establishment of a person keeping
the home; house servant.
4.10. Empowerment – in the context of development,
empowerment is individual or collective action by the
disadvantaged to overcome the obstacles brought about by
structural inequality. In another sense, empowerment is not only
a process but also an outcome of that process.
4.11. Gender and Development (GAD) – an approach to or
paradigm of development focusing on social, economic, political
and cultural forces that determines how differently women and
men participate in, benefit from, and control resources and
activities. It shifts the focus from women as a group to the socially
determined relationship between women and men.
4.12. GAD Advocate – one who supports, defends, pleads or
recommends active espousal of gender and development
principles, objectives and processes.
4.13. 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. 4.14. GAD Focal Point – a mechanism created in all
government offices to ensure the implementation, monitoring,
review and updating of GAD plans; a person or group of persons
Municipal Ordinance No. 16-020-093 Page 7
tasked to facilitate and monitor the implementation of gender
mainstreaming in each government agency.
4.15. 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.
4.16. Gender – refers to roles, attitudes and values assigned by
culture and society to women and men. These roles, attitudes and
values define the behaviors of women and men and the
relationship between them which are created and maintained by
social institutions such as family, government, community, school,
church and media. Because of gender, certain roles traits and
characteristics are assigned distinctly and strictly to women and
men.
4.17. Gender Awareness – ability to identify problems arising
from gender inequality and discrimination, even if these are not
evident on the surface and are “hidden” or are not part of the
general and commonly accepted explanation of what and where
the problem lies; means high level of gender conscientization.
4.18. Gender Equality – women and men enjoy the same status
and conditions and have equal opportunity from realizing their
potential to contribute to the political, economic, social and cultural
development of their countries. They should also benefit equally
from the results of development.
4.19. Gender Equity – moves beyond a focus on equal treatment;
giving to those who have less on the basis of needs and taking
steps to compensate for historical and social disadvantages that
prevent women and men from otherwise operating on a level
playing field. Equity can be understood as the means, and equality
is the end. Equity leads to equality.
4.20. Gender-Fair – a situation where women and men share
equally in responsibilities, power, authority and decision- making
4.21. 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 impede the opportunities for women to
participate in the development process and enjoy its benefits.
4.22. Gender Mainstreaming or GAD Mainstreaming – a set of
processes and strategies that aims to ensure the recognition of
gender issues on a sustained basis; a strategy to integrate
women’s and men’s concerns and experiences in the design,
Municipal Ordinance No. 16-020-093 Page 8
implementation, monitoring and evaluation of policies, programs,
projects in all political, economic and social agenda
4.23. Gender Planning – the practical application of the skills
acquired from gender studies and gender training in designing
government plans, programs and projects; it recognizes that
women and men have different roles in society and often have
different needs as well.
4.24. 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.
4.25. Gender Sensitivity – the ability to recognize gender issues
and to recognize women’s different perceptions and interests
arising from their different social position and gender roles.
4.26. Gender Statistics – information and data that provide not
only comparisons between women and men but ensure that
women’s and men’s participation in and contribution to society are
correctly measured and valued.
4.27. Governance – the manner in which power is exercised in
the management of a country’s /organization’s resources and
affairs for development; how a government/organization
establishes, maintains and deepens its relationship with its
constituents/members. It comprises the mechanisms, processes
and institutions, through which citizens and groups articulate their
interests and exercise their legal rights.
4.28. Indecent Live Shows – shows which include 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.
4.29. Law Enforcers – refers to the members of the Philippine
National Police, the Barangay Tanods and anybody who is tasked
or deputized by an appropriate authority in enforcing national and
/or local laws.
4.30. 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
4.31. Mainstream – in the context of GAD, an interrelated set of
dominant ideas and development directions and the organizations
that make decisions about resource allocation and opportunities
for development.
4.32. Micro-enterprise – business category whose total asset
value ranged from P3,000,000 or less with 1-9 employees (as
defined by DTI).
4.33. Migrant Desk – a unit within the LGU which attends to the
concerns of migrant workers and their families in the different
phases or cycle of migration.
4.34. Participation – the direct involvement of the marginalized
in the development process to build their capability to access and
Municipal Ordinance No. 16-020-093 Page 9
control resources, benefits and opportunities so as to gain self-
reliance and an improved quality of life.
4.35. Pedophilia – when an adult has sexual desire for children
or sexual intercourse or act of lasciviousness by an adult with a
child.
4.36. Persons with Disability – are those with physical
impairments that have differentiated needs and potentials.
4.37. 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.
4.38. Pornography – refers to a sexual explicit material such as
films, magazines, writings, photographs, internet, mobile phones
or other materials that are sexually explicit and intended to cause
sexual arousal.
4.39. Prostitution – an act of engaging in sexual intercourse or
performing other forms of sex in exchange for money or other
favors or of offering another person for such purposes.
4.40. 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.
4.41 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.
4.41.1. Sexism – system and practice of discriminating a
person on the basis of sex.
4.42. 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.
4.43. Support Group – a number of persons who provide
assistance to keep a person from falling or declining in a crisis
situation.
4.44. 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.
4.45. 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 equal with men including information, credit, loans
or financial assistance, training, market, technology, descent jobs
and human working conditions and balanced family life.
Section 5. Acronyms – The following acronyms stand for:
5.1. ALS - Alternative Learning System
5.2. BPLS - Business Permit and Licensing Section
5.6. LGU - Local Government Unit
5.7. MGADC - Municipal Gender and Development Council
Municipal Ordinance No. 16-020-093 Page 10
5.8. MSWDO - Municipal Social Welfare & Development Officer
5.9. NGA -National Government Agency
5.10. OFW -Overseas Filipino Worker
5.11. PESO - Public Employment Service Office
5.12. PO - People’s Organization
5.13. RH - Reproductive Health
5.14. VAWC - Violence Against Women and Children
5.15. WCPD - Women and Children’s Protection Desk
CHAPTER II
GAD DEVELOPMENT CONCERNS
ARTICLE I
GENDER-BASED VIOLENCE
SECTION 6. Adoption of National Laws. – In the effort of the
Municipality of Orion to curb and eradicate gender-based violence in the
municipality, the following shall be undertaken and enforced:
1. Strengthen and ensure the implementation of the
Philippine statutes for the protection of women’s rights
against violence, and imposing penalties for violation
thereof, viz:
1.1. RA 9262 or the Violence against Women and Their
Children Act of 2004 (Summary: The only law protecting women
against intimate partner abuse. It accepts the “battered women
syndrome” as a valid defense in court. The law makes it possible
to issue temporary or permanent protection orders at the
barangay level. It also clearly identifies the duties of barangay
officials, law enforcement officers, prosecutors, court personnel,
health care providers, and other government agencies and local
government units to provide the necessary support services to
victims of violence against women and their children.)
b. Violence against Women and their Children. Refers to any
act or a series of acts committed by any person against a woman
who is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate or
illegitimate, within or without the family abode, which result in or is
likely to result in physical, sexual, psychological harm or suffering,
or economic abuse including threats or such acts, battering,
assault, coercion, harassment or arbitrary deprivation of liberty.
Municipal Ordinance No. 16-020-093 Page 11
a.1. Economic Abuse – refers to acts that make or attempt to
make a woman financially dependent which include, but are not
limited to the following:
a.1.1. Withdrawal of financial support or preventing the
victim from engaging in any legitimate profession,
occupation, business or activity, except in case wherein the
other spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;
a.1.2. Deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment of
conjugal, community or property owned in common;
a.1.3. Destroying household property; and
a.1.4. Controlling the victim’s own money or properties or
solely controlling the conjugal money or properties.
a.2. Psychological Violence – refers to acts or omissions
causing or likely to cause mental or emotional suffering of the
victim such as but not limited to intimidation, harassment, stalking,
damage to property, public ridicule or humiliation, repeated verbal
abuse and marital infidelity. It includes causing or allowing the
victim to witness the physical, sexual or psychological abuse of a
member of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.
a.3. Physical Abuse – refers to acts that include bodily or
physical harm like causing physical harm to the woman or her
child; threatening to cause the woman or her child physical harm;
attempting to cause the woman or her child physical harm.
a.4. Sexual Violence – refers to an act, which is sexual in nature,
committed against a woman/man or her/his children. It includes,
but is not limited to:
a.4.1. Rape, sexual harassment, acts of lasciviousness,
treating a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
attacking the sexual parts of the victim’s body, forcing
her/him to watch obscene publications and indecent shows
or forcing the woman or her child to do indecent acts and/or
make fills thereof, forcing the wife and mistress/lover to live
in the conjugal home or sleep together in the same room
with the abuser;
a.4.2. Acts causing or attempting to cause the victim to
engage in any sexual activity by force, threat, or force
physical or other harm or threat of physical or other harm
or coercion; and
a.4.3. Prostituting the women and men.
1.2 . RA 8353 or the Anti Rape Law of 1997
(Summary: The law redefines rape as a crime against persons
and broadens the meaning of rape to include having “carnal
knowledge” of a woman under certain circumstances and/or
committing acts of sexual assault, such as inserting objects into
Municipal Ordinance No. 16-020-093 Page 12
the genital or anal orifices. It notes that rape can occur without
penile penetration, and it also recognizes marital rape and
revokes the earlier notion of sexual obligations in marriage.) The
commission of rape is defined as follows:
a. By a man who shall have carnal knowledge of a woman under
any of the following circumstances:
a.1. When the offended party is deprived of reason or is
otherwise unconscious;
a.2. By means of fraudulent machination or grave abuse of
authority; and
a.3. When the offended party is under twelve (12) years of
age or is demented, even though none of the
circumstances mentioned above be present.
b. By any person who, under any of the circumstances mentioned
in paragraph 1 hereof, shall commit an act of sexual assault by
inserting his penis into another person’s mouth or anal orifice, or
any instrument or object, into the genital or anal orifice of another
person.
1.3 . RA 9208 or the Anti Trafficking in Persons Act of 2003
It shall be unlawful for any person, natural or juridical to commit
any of the following acts:
a. To recruit, transport, transfer, harbor, provide or receive a
person by any means, including those done under the pretext of
domestic or overseas employment or training or apprenticeship,
for the purpose of prostitution, pornography, sexual exploitation,
forced labor, slavery, involuntary servitude or debt bondage;
b. To introduce or match for money, profit or material, economic
or other consideration, any person or, as provided for under
Republic Act No. 6955, any Filipino woman to a foreign national,
for marriage for the purpose of acquiring, buying, offering, selling,
or trading, him/her to engage in prostitution, pornography, sexual
exploitation, forced labor, slavery, involuntary servitude or debt
bondage;
c. To offer or contract marriage, real or simulated, for the purpose
of acquiring, buying, offering, selling or trading them to engage in
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
d. To undertake or organize tours and travel plans consisting of
tourism packages or activities for the purpose of utilizing and
offering persons for prostitution, pornography or sexual
exploitation;
e. To maintain or hire a person to engage in prostitution or
pornography;
f. To adopt or facilitate the adoption of persons for the purpose of
prostitution, pornography, sexual exploitation, forced labor,
slavery, involuntary servitude or debt bondage;
g. To recruit, hire, adopt, transport or abduct a person, by means
of threat or use of force, fraud, deceit, violence, coercion, or
Municipal Ordinance No. 16-020-093 Page 13
intimidation for the purpose of removal or sale of organs of said
person; and
h. To recruit, transport or adopt a child to engage in armed
activities in the Philippines or abroad.
1.4 . RA 7877 or the Anti-Sexual Harassment Act of 1995
(Summary: Specifies that a person who has authority, influence,
or moral ascendancy over another and who demands, requests,
or otherwise requires sexual favors is guilty of committing sexual
harassment , whether or not the demand is accepted or not.)
a. Sexual Harassment is one or a series of incidents involving
unwelcome sexual advances, requests for sexual favors, or other
verbal or physical conduct of sexual in nature, made directly,
indirectly and impliedly when:
a.1. Work, Education or Training-related Harassment is
committed by an employer, employee, manager, supervisor,
agent of the employer, teacher, instructor, professor, coach,
trainer or any other person who, having authority, influence or
moral ascendancy over another in a work or training or education
environment, demands, requests or otherwise requires any sexual
favor from the other, regardless of whether the demand, request
or requirement for submission is accepted by the object of the said
Act.
a.1.1. In a work-related or employment environment,
sexual harassment is committed when:
a.1.1.a. The sexual favor is made as a condition in
the hiring or in the employment, re-employment or
continued employment of said individual, or in granting said
individual favorable compensation, terms, conditions,
promotions or privileges or the refusal to grant the sexual
favor result in limiting, segregating, classifying the
employee which in any way would discriminate, deprive or
diminish employment opportunities or otherwise adversely
affect said employee;
a.1.1.b. The above acts would impair the
employee’s rights or privileges under existing labor laws;
a.1.1.c. The above acts would result in an
intimidating, hostile, or offensive environment for the
employee.
a.1.2. In an education or training environment, sexual
harassment is committed:
a.1.2.a. Against one who is under the care, custody
or supervision of the offender;
a.1.2.b. Against one whose education, training,
apprenticeship or tutorship is entrusted to the offender;
a.1.2.c. When the sexual favor is made a condition
to the giving of a passing grade, or the granting of honors
Municipal Ordinance No. 16-020-093 Page 14
and scholarships or the payment of a stipend, allowance or
other benefits, privileges, or considerations; or
a.1.2.d. When the sexual advances result in an
intimidating, hostile or offensive environment for the
student, trainee or apprentice.
b. Any person who directs or induces another to commit any act
of sexual harassment as herein defined, or who cooperates in the
commission thereof by another without which it would not have
been committed shall also be held liable as provided for by
Republic Act 7877.
b.1. Such conduct might reasonably be expected to cause
insecurity, discomfort, offense or humiliation to another person or
group; or
b.2. Submission to such conduct is made either implicitly
or explicitly a condition of employment, or any opportunity for
training or grant of scholarship; or
b.3. Submission to or rejection of such conduct is used as
a basis for any employment decision, (including, but not limited
to, matters of promotion, raise in salary, job security and benefits
affecting the employee); or
b.4. Such conduct has the purpose or the effect of
interfering with a person’s work performance, of creating an
intimidating, hostile or offensive work environment.
SECTION 7. Support to Survivors of Violence. - The Municipality of
Orion shall provide comprehensive support to women survivors of
violence which consists of but not limited to the following:
a. Immediately conduct an investigation within 24 hours;
b. Provide for counseling, legal, and medical services for the
offended party;
c. Gather evidence for the arrest and prosecution of the offenders;
d. Make a report of his/her investigation and on the basis of the
offended party’s testimony and additional evidence, if any,
endorse the same to the proper prosecution office within 36 hours
from time of filling, regardless of his/her evaluation of the case;
e. The investigation officer or the examining physician, if possible
of the same sex as the offended party, ensures that only persons
expressly authorized by the latter are allowed inside the room
where the investigation or medical or physical examination is
being conducted;
f. Women victims survivors of all forms of violence shall be
registered in a community-based psychological program that shall
assist the women in holistically rebuilding and empowering
themselves;
Municipal Ordinance No. 16-020-093 Page 15
g. All investigation/court trial involving rape cases and other forms
of violence against women conducted in the PNP Station,
Prosecutor’s Office and the Trial Court shall recognize the
survivor’s social support groups as expressly allowed or
requested by the offended party;
h. A temporary shelter with appropriate support services for
women in crises shall be appropriately established under the
management and supervision of the Municipal Social Welfare and
Development Office;
i. Establish a separate counseling room for women and girl
children;
j. Establish mechanisms to expedite medical examination
procedure for rape victims by establishing partnership with the
district hospital for its medico-legal accreditation;
k. Establish a private room equipped with needed facilities for
medical examination purposes;
l. Ensure that cases of VAWC are handled and attended to by
women police officers through the establishment and
maintenance of Women and Children Protection Desk (WCPD) at
the Orion Police Station which shall have a female police officer
as in-charge.
SECTION 8. Education on Laws and Policies addressing gender-
based violence. – The Municipality of Orion shall provide education on
laws and policies addressing gender-based violence which consists of
but not limited to the following:
a. conduct of public information on Gender-based violence to
strengthen the awareness of men and women, boys and girls on
gender-based violence through comprehensive and multi-level
information and education campaigns in close coordination and
partnership with the civil society organizations;
b. expand programs to educate and involve men on gender based
violence;
c. continuously develop the capacity of service providers and front
liners in handling cases of violence against women through their
attendance in trainings and other capability development
activities;
d. conduct of capability development activities for barangay
officials and workers on gender-based violence especially in
handling VAWC cases on an annual basis.
SECTION 9. Monitoring of Entertainment Establishments. – The
Business Permit and Licensing Section (BPLS) of the Municipality of
Municipal Ordinance No. 16-020-093 Page 16
Orion together with the Orion Municipal Police Station personnel,
Municipal Social Welfare and Development Officer and Municipal Health
Officer shall conduct a regular inspection of entertainment
establishments to ensure that these are not used as brothels or fronts of
prostitution and trafficking.
SECTION 10. Monitoring of Audio Visual Channels against
Pornography. – A Municipal Monitoring Board shall be established
which shall monitor print, broadcast and multimedia to include movie
houses, video shops, computer shops, cable companies, books or other
forms of audio-visual channels or instruments against pornographic
activities that degrade women and children.
SECTION 11. Other Support Services Against Gender-Based
Violence. – The Municipality of Orion shall have the following support
services against gender-based violence:
a. Conduct of research on the nature and causes of gender-based
violence to be spearheaded by the MSWDO which shall collect, compile
and maintain a database for proper intervention and legislation;
b. Counseling and Rehabilitation program for perpetrators of
violence;
c. Assist in organizing men against gender-base violence.
ARTICLE II
HEALTH, NUTRITION AND REPRODUCTIVE HEALTH
Section 12. Reproductive Health Care Approach. – The Municipality
of Orion shall adopt the reproductive health (RH) approach at all levels
of health care delivery. Such approach shall be anchored on the following
elements: (1) maternal and child health and nutrition; (2) family planning
information and services; (3) prevention of abortion and management of
its complications; (4) adolescent and youth health; (5) prevention and
management of Reproductive Tract Infections (RTIs), HIV/AIDS and
other Sexually Transmittable Diseases (STDs); (6) elimination of
violence against women; (7) education and counseling on sexuality and
sexual health; (8) treatment of breast and reproductive tract cancers and
other gynecological conditions; (9) male involvement in reproductive
health ; and (10) prevention and treatment of infertility and sexual
dysfunction .
Municipal Ordinance No. 16-020-093 Page 17
Section 13. Upgrading of Health Care Delivery. – Quality health care
and nutrition services that are not discriminatory on account of gender,
age, sex, religion and ethnicity shall be implemented in the Municipality
of Orion. The municipal and barangay governments shall endeavor to
upgrade health facilities for the effective and efficient provision of primary
health and reproductive care services.
Section 14. Pregnant Women and Lactating Mothers. – The
Municipality of Orion shall provide and ensure nutritional assistance to
pregnant and lactating women.
Section 15. Men’s Involvement in Reproductive Health. –
Reproductive health programs and projects which include among others
trainings and seminars shall involve men of all ages, recognizing their
crucial role in the maintenance of women’s health and well-being.
Section 16. Capacity Development for Health Providers. – The
municipal government through the Municipal Gender and Development
Council (MGADC) shall include capability building activities for health
personnel and health care providers namely: Doctors, Nurses, Midwives,
Sanitary Inspectors and Barangay Health Workers (BHWs) to include
among others Gender Sensitivity Training to ensure efficiency and
gender responsiveness in health care management and delivery.
Section 17. Gender-fair Approach to Pre- Marriage Counseling
Program. – The Municipality of Orion shall continuously strengthen the
Pre-Marriage Counseling Team which facilitates Pre-Marriage
Counseling to would-be couples in order to promote gender equality and
shared responsibility of husband and wife in the development of the
family and the community.
Section 18. Accessing Information on Sexuality and Reproductive
Health. – The Municipality of Orion shall ensure availability and
accessibility of information on sexuality and reproductive health utilizing
the tri-media.
Section 19. Gender Sensitive and Responsive Health Service. – The
Municipal/Rural Health Centers and Barangay Health Centers/Stations
shall provide gender-sensitive and gender-responsive services in the
delivery of health services.
Section 20. Access to Safe Water. – The municipal and barangay
government units shall endeavor to provide access to safe water supply.
Appropriate system shall be installed to ease men and women’s burden
in accessing safe and potable water.
Section 21. Nutrition Plan. – The Municipal Nutrition Action Office, the
Municipal Agriculture Office, the Municipal Health Office and the
Municipal Social Welfare and Development Office shall formulate a
comprehensive plan on nutrition to promote nutritious diet among
children, pregnant and lactating mothers and the elderly.
Municipal Ordinance No. 16-020-093 Page 18
Section 22. Promotion of Breastfeeding. – The Municipality of Orion
shall promote exclusive breastfeeding for six (6) months and the
continuation of breastfeeding for two (2) years. Accordingly, all
establishments and offices shall be encouraged to provide breastfeeding
facility for their workers and clients.
Section 23. Promotion of Physical Fitness Program. – The
Municipality of Orion shall promote the conduct of physical fitness
programs among offices, agencies, schools and colleges, both private
and public, at least twice a month.
Section 24. Weighing of Infants, Children, Pregnant and Lactating
Mothers. – All barangay health centers and stations shall undertake
weighing of infants, children, pregnant and lactating mothers. Reports
shall be submitted to the Municipal Health Office for the programming
and identification of necessary interventions. This shall also include
school children.
Section 25. Budget for Women’s Health. – At least three percent (3%)
of the health budget of the municipal government shall be allotted for
women’s health care and nutrition services.
ARTICLE III
WOMEN IN GOVERNANCE
Section 26. Creation of Barangay-based Organization . – Women’s
organizations at the barangay level shall be organized and recognized
by the barangay councils and/or accredited by the Sangguniang Bayan
of Orion.
Section 27. Creation of the Orion Council of Women. - The Orion
Local Council of Women shall be organized and be locally known as the
Samahan ng mga Kababaihan ng Orion. The council shall be composed
of representatives from accredited women’s organizations and shall be
strengthened to take an active role in local governance.
Section 28. Representation of Women in Local Special Bodies. –
The municipal and barangay government units shall ensure the
participation of women in all mandatory and special bodies, committees
and councils. Likewise it must ensure that women sector representative/s
is/are appointed to the Municipal and Barangay Development Council
provided that the women’s organizations shall submit for accreditation
with the Sangguniang Bayan or recognized by the Barangay Council,
which is a requisite for an organization’s membership in mandated local
special bodies.
Section 29. Promoting Gender Balance at all levels of Local
Government Positions. – The municipal government shall promote
gender balance or equal proportion of qualified women and men for
opportunity to key positions at all levels of local governance –municipal
Municipal Ordinance No. 16-020-093 Page 19
and barangay whether elective or appointive. This shall form part of the
effort to eliminate barriers to women’s participation in the public sphere.
Section 30. Women in Law Enforcement Agency. – The Municipality
of Orion shall have at least two (2) women as member of the Orion PNP
assigned for Women’s Desk and other women-related activities.
Section 31. Support for Women Capability Development. –
Mechanisms to support women’s capability development shall be
adopted by the Municipality of Orion, which consist of but are not limited
to the following:
1. Encouragement of women to run for public office at all levels;
2. Provision of opportunities for women’s participation in
governance;
3. Conduct of trainings especially leadership trainings for women
to be initiated and funded by the municipal government in
coordination with NGOs and other stakeholders.
ARTICLE IV
LABOR AND EMPLOYMENT
Section 32. Mechanism to Monitor Compliance with Labor Laws. –
The Municipality of Orion, 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.
Section 33. Non-discrimination in 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. Payment of lesser compensation, including wage, salary or
other forms of remuneration and fringe benefits to women
employees/workers compared to male employees/workers for
work of equal value.
Section 34. Social Security/Protection for Workers and Employees.
– The Municipality of Orion through the Business Permits and Licensing
Section (BPLS)/Municipal Treasurer’s Office or its equivalent office shall
encourage the compliance of the provision in Section 24 (g)of the of the
Social Security Act of 2007, by sustainable/stable business
establishments operating within the municipality.
Section 35. Orientation on Gender Sensitivity and Sexual
Harassment. – All government units and agencies and private
establishments and institutions within the municipality shall conduct an
orientation on gender sensitivity and sexual harassment through the
assistance of the Municipal Gender and Development Office (MGAD
Office). A Certificate of Compliance shall be issued by the municipal
Municipal Ordinance No. 16-020-093 Page 20
government to this effect. Failure to comply with the provision shall be
penalized with a fine of One Thousand Pesos (Php1,000.00).
Section 36. Committee on Decorum and Investigation (CODI). – A
Committee on Decorum and Investigation shall be created and
strengthened at the municipal and barangay government units and
encouraged to be set up in all private and business institutions. This shall
serve as the grievance machinery to act on all complaints on sexual
harassment in the workplace. For this purpose, a grievance procedure
must be installed in the aforementioned office or establishment.
Section 37. Facilities and Support System for Well-being of Women
and Men Employees/Workers.
– Employers shall ensure the health, safety and well-being of their
women and men employees/workers. In appropriate cases,
employers shall:
- Establish separate toilets, lavatories and lounge for women and
men and provide at least a dressing room for women;
- Set up a home care center in the workplace where working
parents may have breast feeding, child-rearing and early
childhood care and development activities while on their
respective jobs;
- Institute flexible working arrangement to accommodate the
various responsibilities of women and men to their families;
- 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 to
working for women and men employees/workers.
Section 38. Inventory of Domestic Workers/Household Help. – The
Municipality of Orion through the Public Employment Service Office
(PESO) in coordination with DOLE shall come up with an annual
inventory of domestic workers/household help within the municipality to
monitor cases of maltreatment, sexual harassment and other forms of
sexual abuse. Households shall be required to provide information
regarding their domestic workers/household help for identification and
other purposes. The municipal government shall provide assistance and
other forms of support to domestic workers/household help.
a. 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. They shall be treated humanely.
Section 39. Support to Overseas Filipino Workers (OFW) and their
Families. – The Municipality of Orion 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 and their families in
the different cycles of migration.
Municipal Ordinance No. 16-020-093 Page 21
- The Migrants’ Desk in coordination with the PESO shall maintain
a data base on departing, deployed and returning overseas migrants and
relevant information therein as well as domestic labor migrants to be
updated annually. Towards this effort, the barangay councils through its
Focal Person on Domestic and International Migration shall submit
relevant data annually.
- Tracking System of legitimacy of recruitment
agency/employment. The PESO in coordination with the Bataan Public
Employment Public Office 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.
- 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.
- Monitoring of OFWs during their deployment in the labor-
receiving countries. The Municipality of Orion in cooperation with the
concerned families through coordination with the Bataan 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.
39. 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 of Orion can assist through:
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
ARTICLE V
TRADE, INDUSTRY AND ECO-TOURISM
Section 40. Local Economic Development and Women Economic
Empowerment. – In accordance with the thrust of the Municipality of
Orion to promote local economic development and women’s economic
empowerment, the following shall be undertaken:
Municipal Ordinance No. 16-020-093 Page 22
a. Establishment of Orion Sustainable Micro Enterprise
Development Mechanism. The Municipality of Orion shall
establish a desk/unit/council which will serve as the One-Stop-
Shop to promote and support entrepreneurial undertakings in the
municipality. Said desk/unit/council shall be referred to as the
Orion Sustainable Micro Enterprise Development (OSMED)
whose general function is to formulate programs and projects,
development strategies, structures and processes to ensure local
economic development and women’s economic empowerment in
line with the Comprehensive Development Plan.
b. Establishment of Database on Enterprises within the
Municipality. The Municipality of Orion through the Municipal
Treasurer’s Office, the Business Permits and Licensing Section
and the Municipal Planning and Development Office shall
undertake the mapping of enterprises within the municipality, in
coordination with the barangay councils towards keeping a data
base of registered enterprises and those in the informal sector.
The data shall be submitted to OSMED and will used as basis to
craft policies and determine appropriate services especially for the
women micro-entrepreneurs and workers.
c. Partnership and Linkage with Business Development
Service Organizations, Government Agencies and other
Institutions. The Municipality of Orion shall build partnerships
with various institutions that provide technical assistance,
research and development, capacity development, market links,
microfinance and other support services to capacitate women
micro-entrepreneurs and expand market accessibility of their
products.
d. Accessing Loans and Financial Assistance. The
Municipality of Orion shall assist women entrepreneurs in
accessing loans and financial assistance from government and
private financing institutions. Efforts to continuously build the
capacity of women entrepreneurs to access loans and to negotiate
shall also be undertaken. Likewise, efforts for socialized lending
or for special credit program for women micro-entrepreneurs
should be undertaken.
e. Protection against Iniquitous and Excessive Interest Rates.
It shall be the policy of the Municipality of Orion to eliminate
oppressive lending/credit schemes and imposition of iniquitous
and excessive interest rates pursuant to Anti-Usury Law as
amended by PD 116 and other existing regulations of the
Monetary Board of the Central Bank of the Philippines. Towards
this effort, the municipal government shall undertake a study of
existing interest rates provided by credit/lending institutions and
individuals and take appropriate actions therein.
Municipal Ordinance No. 16-020-093 Page 23
f. Financial Assistance to Group Enterprises. The Municipal
Government shall facilitate and/ or provide access to
capital/financial assistance to group enterprises in Orion which are
registered with any national or provincial accrediting agency;
accredited with the Sanggunian Bayan and which have complied
with funding requirements.
g. Facilitating Enrollment to the Philippine Health Insurance.
In recognition of the importance of social security/protection
measures against life contingencies, the Municipality of Orion
shall encourage all cooperatives and peoples’ organizations to
enroll their members to PhilHealth. Measures shall be taken by
the municipal government, in coordination with PhilHealth to
ensure sustained membership.
Section 41. Promotion for Eco-Tourism and Family-Oriented
Activities. – The Municipality of Orion shall promote equality of women
and men by providing full opportunities for their development and
participation in eco-tourism and family-oriented activities without
exploiting the rights of women, men and children.
ARTICLE VI
EDUCATION AND MEDIA
Section 42. Promotion of Gender-Sensitive Counseling and Career
Programs. – Public and private schools, colleges and technical
institutions within the municipality are encouraged to promote gender-
sensitive counseling and career education programs for female and male
students to pursue non-traditional professions and widen their career
opportunities.
Section 43. Gender Sensitivity Education. – The Municipality of Orion
through its Municipal Gender and Development Council (MGADC) in
coordination with the respective school authorities shall raise the level of
awareness of teachers, administrators and members of the Parents,
Guardians and Teachers Association (PGTA) within its jurisdiction about
gender fairness and sensitivity.
a. Gender Sensitivity Orientation and Training shall be conducted
to teachers, administrations and the members of the PGTA;
b. Integration of sex and gender education in the formal education
system as a special course shall be encouraged with due
consideration to the level of need and comprehension of the
students;
c. Popularization in the schools within the jurisdiction of the
municipality of the six core messages on gender-fair education
developed by the Department of Education: shared parenting;
shared home management; shared decision making; equalized
opportunities; equalized representation and enhanced
participation of women in public affairs and business; and
elimination of violence against women.
Municipal Ordinance No. 16-020-093 Page 24
Section 44. Gender-Responsive Non-Formal Education for Adults
and Out-of- School Youth. – The Municipality of Orion and the
Alternative Learning System (ALS) of the Department of Education and
other educational institutions within the jurisdiction of the municipality
shall endeavor to promote the following:
a. Adult and out-of school youth education programs. Anyone
desiring to engage in functional education, literacy programs and
practical education shall be enlisted in the said programs;
b. Technical and Vocational Education and Training through the
Technical Education and Skills Development Authority (TESDA);
c. Inclusion of discussions/lectures of pertinent laws and concerns
related to women and children’s in the education programs for
adults and out-of-school youth.
Section 45. Support for Indigenous Forms and Other Media and
Information Communication Technology. – Media advocacy on
women’s rights and gender-related concerns through indigenous forms
and expressions as well as new technologies of communication shall be
supported and encouraged.
ARTICLE VII
THE PROMOTION OF JUSTICE, PEACE AND ORDER
Section 46. Continuous Review of the Gender-Responsiveness of
Laws and Policies. - The Municipality of Orion shall encourage the
continuous review of local laws and policies with the end in view of
detecting and eliminating all forms of discrimination on the basis of sex
and provisions that are gender-based.
Section 47. Promotion of Legal Rights Literacy. – Information on
GAD-related laws and relevant national and local laws and its impact on
women and men, list of agencies and offices responsible for the
administration of justice and guidelines on how to use the justice system
shall be made accessible to all.
Section 48. GAD Orientations and Trainings for Law Enforcers. –
The Municipality of Orion shall strengthen its linkages with the law
enforcers and para-legal to ensure that gender and development
orientations and trainings are regularly conducted.
Section 49. Humane and Just Treatment of Female and Minor
Offenders. – To promote humane and just treatment of females
apprehended for light offenses and of minor offenders, they shall not be
handcuffed unless the rules of engagement of the PNP provides
otherwise.
Section 50. Persons in Detention. – The Municipality of Orion shall
provide support to persons in detention and shall ensure that their rights
are protected through the following:
a. Speedy trial of their cases shall be ensured by all concerned;
b. An appropriate program shall be designed to respond to their
specific needs and problems as detainees;
Municipal Ordinance No. 16-020-093 Page 25
c. There shall be a separate structure and space for detention and
rehabilitation for women and men detainees. Likewise, no child
shall be in detention as provided by RA 9344 which states that he
or she shall be conveyed separately to, or from Court. Likewise,
he or she shall await hearing of his or her own case in a separate
holding area.
Section 51. Women and Children’s Protection Desks (WCPDs). –
There shall be in the Municipal Police Office, a Women and Children’s
Protection Desk handled by women police officers, adequately trained
for the purpose so that cases involving women and children shall be
handled in accordance with the accepted standards of the PNP for cases
of gender-based violence.
Section 52. Support to PNP Personnel. – The Municipality of Orion
shall provide free legal assistance to PNP personnel indiscriminately
charged, criminally or administratively, in the performance of their official
duty.
ARTICLE VIII
GENDER IN ENVIRONMENT AND NATURAL RESOURCE
MANAGEMENT
Section 53. Community-Based Environment Plans and Programs.
– The Municipality of Orion shall ensure the participation of women in the
planning and in decision making at all levels regarding environment and
natural resources management.
Section 54. Promotion of Environmentally Sound Production
Technologies. – Promote the use of environmentally sound production
technologies and practices in households and enterprises.
Section 55. Promotion of Land Agri-based Projects. – The
Municipality of Orion and other partner agencies and institutions shall
support and engage in promoting land-based projects to ensure food
security for rural women utilizing scientific, women-friendly, accessible
and appropriate technology.
Section 56. Women’s Participation in All Water-System Related
Projects. – In all water system related projects, the participation of
women in the planning and in decision making process shall be ensured.
Section 57. Public Education Campaigns. – The Municipality of Orion
shall undertake public education campaigns on issues related to
sanitation, health, coastal resource management, sustainable
agriculture, renewable energy, clean air, clean water use, conservation,
sustainable use of biological diversity and climate change adaptation with
gender dimension.
ARTICLE IX
GENDER IN DISASTER RISK MANAGEMENT
Municipal Ordinance No. 16-020-093 Page 26
In consideration of the geographical characteristics of Orion which
makes it prone to various disaster risks and hazards and the fact that it
is the women, children, elderly and persons with disabilities who suffer
the most from the impact of disasters, the following shall be undertaken
by the Orion MDRRMC and the Barangay Disaster Risk Reduction
Management Committee.
Section 58. Measures in Pre-Disaster and Resilience Building.
a. Ensure that women and the other vulnerable groups participate
in the public awareness and education campaigns on disaster risk
management and climate change adaptation;
b. Ensure that women and the other vulnerable groups are
involved in the Hazard, Vulnerability and Capacity Assessment
(HVCA) mapping and in the formulation of disaster contingency
plans;
c. Ensure that women and the other vulnerable groups are
represented in the Municipal and Barangay MDRRMC structures
and are distributed in the different service committees to ensure
their participation in decision-making processes;
d. Design an emergency response plan for vulnerable groups
including women, children and elderly for search and rescue
operations, evacuation management plan and rehabilitation plan;
e. Build the capacity of women in managing community-based
early warning system (CBWWS);
f. Ensure that women have sustained livelihood and income;
g. Build the capacity of women in managing trauma and in
providing psycho-social intervention to survivors of disasters;
h. Train women in providing first aid medical response to cases
resulting from disasters; and
i. Maintain updated sex disaggregated data and statistics
especially on vulnerable groups (women, children, elderly,
persons with disabilities and others).
Section 59. Measures during Disaster.
a. Prioritize the vulnerable groups in the search and rescue
operations;
b. Ensure updating of statistics;
c. In appropriate cases, provide a separate evacuation center for
women and their children; and
d. Ensure that the minimum standards in disaster response as set
forth in the Humanitarian Charter, including people’s need for
water, sanitation, nutrition, food, shelter, clothing, health care and
others are met.
Section 60. Measures in Post Disaster (Recovery and
Rehabilitation).
a. Ensure women’s participation in resilience building and
recovery efforts by:
- Involving women in the conduct of Damage Assessment &
Needs Assessment (DANA) to ensure that women’s, children’s
Municipal Ordinance No. 16-020-093 Page 27
situation and the other vulnerable groups and their specific needs
are well taken into account;
- Involving women as participants of Food-for-Work and Cash-for-
Work schemes in restoration work. This provides them with job
and income opportunities which could ensure household food
security and good health condition.
b. Involve women in the rehabilitation of the agricultural sector by
providing them with training and agricultural inputs, including
seeds and implements;
c. Ensure that psycho-social debriefing and stress debriefing
interventions especially for women, children and the elderly are
carried out by women providers to better situate the intervention;
and
d. Ensure that women and children have access to and control
over water, sanitation, nutrition, food, shelter and health care to
ensure their full recovery.
Section 61. Funding. – The Municipality of Orion as well as the
Barangay Councils shall ensure that portion of the 5% Calamity Fund is
allocated for meeting the special needs of the vulnerable groups
especially women, children , elderly and persons with disabilities in the
emergency and relief phase up to the recovery and rehabilitation stage.
The Municipal and barangay councils shall also appropriate a budget for
disaster preparedness activities.
ARTICLE X
GENDER IN INFRASTRUCTURE PROJECTS AND FACILITIES
Section 62. Facilities for Men, Women and Persons with Disabilities.
– All government and private offices, clinics/hospitals and other
establishments such as port terminals shall have separate toilet and
lavatory for men, women and persons with disabilities.
Section 63. Gender-Sensitive Physical Plan. – All public and
commercial buildings and structures should be designed in a manner that
helps prevent sexual harassment and sexual abuse and facilitates easy
mobility and accessibility of women, children, elderly and persons with
disabilities. In appropriate cases, the building official shall ensure that
building and structural plans and designs conform to the minimum
requirements prior to the issuance of building permits.
Section 64. Accessibility and Easy Mobility of Women, Children,
Elderly and Persons with Disabilities. – In all infrastructure projects to
be implemented, government or private initiated, accessibility and easy
mobility of women, children, elderly and persons with disabilities shall be
taken into consideration
. ARTICLE XI
OTHER SPECIAL SECTORAL CONCERNS
Municipal Ordinance No. 16-020-093 Page 28
Section 65. DIFFERENTLY-ABLED PERSONS/PERSONS WITH
DISABILITIES.
a. Advocacy on the Rights of Differently-abled Women and Men.
Programs and projects shall be developed to promote the interest
of differently-abled women and men and, at the same time, protect
their rights to all opportunities for advancement.
b.
b. Creative Employment Opportunities. The Municipality of Orion , in
coordination with MSWDO and other concerned agencies shall develop
creative employment opportunities for differently-abled persons
recognizing their different conditions and full potentials as human beings;
c. Organization of Differently-abled Persons. The Municipality of
Orion encourages and supports the organization of differently-abled
persons at the municipal level with the assistance of the MSWDO.
d. Database of Differently-abled Persons. The barangay councils shall
be required to identify cases of differently-abled persons in their
jurisdiction and submit profile of the same to the MSWDO to help in
designing programs and interventions responsive to the needs of the
group.
e. Reporting of Cases of Harassment Committed against Differently-
abled Persons. The Municipality of Orion shall require all barangay
councils to monitor and report cases of harassment against differently-
abled persons to the MSWDO and the PNP.
f. Magna Carta for Persons with Disabilities as amended (RA 9442):
- Twenty percent (20%) discount from all establishments; - Minimum of
twenty percent (20%) on admission fees; - At least twenty percent (20%)
discount for the purchase of medicines; - At least twenty percent (20%)
discount on medical, dental and professional fees; - At least twenty
percent (20%) discount on fares for domestic air, sea travel and bus fare
for the exclusive enjoyment of persons with disability; - Educational
assistance to persons with disability; - To the extent practicable and
feasible, the continuance of the same benefits and privileges given by
GSIS, SSS and Pag-ibig as the case maybe, as are enjoyed by those in
actual service; - To the extent possible, the government may grant
special discounts in special programs for persons with disability on the
purchase of basic commodities, subject to the guidelines to be issued by
DTI and DA; - Provision of express lanes in all commercial and
government establishments, in the absence thereof, priority shall be
given to them The above mentioned privileges are available only to
persons with disability who are Filipino citizens upon submission of any
of the following proof of entitlement thereto: or the Punong Barangay of
the place where he or she resides; - A certification issued by the
Municipal Mayor or the Punong Barangay of the place where he or she
resides.
Section 66. Elderly Women and Men or Senior Citizens.
a. Representation in the Development Council. The municipal
and barangay government units shall endeavor to include a
Municipal Ordinance No. 16-020-093 Page 29
representation of the elderly women and men in the Municipal and
Barangay Development Councils.
b. Council of Senior Citizens. The municipal and barangay
government units shall support the establishment of councils for
senior citizens.
c. Support Funds for Senior Citizens. The municipal and
barangay government units shall endeavor to allocate funds for
livelihood assistance, routine physical check-up, social group
work programs and other appropriate socio-economic activities.
d. Center for Senior Citizens. The municipal government shall
endeavor to establish a center for abandoned and neglected
senior citizens to provide them with comprehensive support in
cooperation with the Provincial and National Social Development
Offices and other concerned agencies.
e. Additional Benefits and Privileges to Senior Citizens
pursuant to RA 9257. The municipal government shall ensure
the implementation of RA 9257 otherwise known as the Act
Granting Additional Benefits and Privileges to Senior Citizens.
Section 67. Solo Parent. – The Municipality of Orion shall ensure the
implementation of the Solo Parent Act of 2000.
a. It shall also ensure that solo parents are not deprived from
enjoying their privileges such as follows:
- Comprehensive Package of Social Development Services such as
livelihood development services; counseling services, parent
effectiveness service; critical incidence stress debriefing and special
projects for individuals in need of protection; - Flexible Work Schedule; -
Non- Discrimination relative to Work. No employer shall discriminate
against any solo parent employee with respect to terms and conditions
of employment on account of her/his status; - Parental Leave. In addition
to leave privileges under existing laws, parental leave of no more than
seven (7) working days every year shall be granted to any solo parent
employee who has rendered service of at least one (1) year; -
Educational, medical and housing benefits.
b. Solo Parent Identification Card. Pursuant to PA 8972, all solo
parents shall register with the MSWDO for the issuance of Solo Parent
ID.
c. Recognition of Cultural Rights and Practices. In deference to
cultural practices and rights, the Municipality of Orion shall see to it that
these are recognized and respected.
Section 69. Respect to Persons with Sexual Preference. – It shall be
the policy of the Municipality of Orion to respect and protect the rights of
Municipal Ordinance No. 16-020-093 Page 30
persons with sexual preferences and to recognize their full potentials. No
one shall discriminate against them with respect to employment, access
to health, livelihood, education, job training and promotion and others.
ARTICLE XII
SPECIAL EVENTS AND ACTIVITIES
Section 70. Declaration of March 8 as INTERNATIONAL WOMEN’S
DAY and the month of March as WOMEN’S MONTH. – The
Municipality of Orion through its Municipal GAD Council shall lead the
observance of International Women’s Day and Women’s Month in the
municipality pursuant to Proclamation No. 227 and Proclamation No.
224. Towards this, it shall initiate programs and activities that will
promote women’s empowerment including the holding of Municipal
Women’s Day celebration.
Section 71. Orion Women’s Congress. – A Women’s Congress shall
be held in March of every year to be participated by organized women’s
groups in the municipality. This shall be among the highlights of the
Women’s Month celebration that will include a reporting of the
accomplishments and initiatives to promote women’s economic
empowerment, human rights and gender-responsive governance.
Section 72. International Day of Action for Women’s Health. – The
Municipality of Orion shall observe the International Day of Action for
Women’s Health every May 28 where issues and concerns relative to the
protection and promotion of women’s health shall be projected,
deliberated and acted upon.
Section 73. World Rural Women’s Day. – The Orion Council of Women
shall lead in the celebration of World Rural Women’s Day every October
15 in recognition of the invisible contribution of rural women in our local
communities.
Section 74. International Week of Action against Gender-based
Violence. – The Municipality of Orion shall organize various events and
activities to educate the constituency about violence against women and
children every November 25-December 12 as the period marked as the
International Week of Action Against Gender-based Violence or the 18-
day Campaign to Eliminate Violence against Women and Children.
Section 75. Other Special Events Related to the Concerns of
Women, Children, Elderly and Persons with Disabilities. – The
Municipality of Orion through its MGAD Council shall observe the
celebration of special events with appropriate rites and activities.
Municipal Ordinance No. 16-020-093 Page 31
CHAPTER III
PROHIBITED ACTS
ARTICLE I
VIOLENCE AGAINST WOMEN AND CHILDREN
Section 76. Immediate Action on Reports of Violence Against
Women and Children. – All concerned offices of the municipal
government, including the barangays, shall act immediately or within
twenty-four (24) hours upon receipt of complaints and reports of violence
against women and children. As provided for in RA 9262; RA 9208; RA
8353; RA 7610; RA 8972 and RA 7877; they shall provide the appropriate
intervention to the complainants within the prescribed period. Failure to
act within the prescribed period constitutes neglect in the performance of
duty and shall be penalized in accordance with the provisions of identified
laws, Civil Service Code and the Local Government Code of 1991.
Section 77. Soliciting Women’s Services. – It is unlawful for a person
to solicit a woman or child’s services for sexual purposes as gift,
representation, public relations or as an act of goodwill regardless of
whether the solicitor profits or not from such act without prejudice to the
provision of the Revised Penal Code and other related laws.
Section 78. Sex Slavery. – Any agency or person who shall engage in
keeping women and children for sex for a fee shall suffer the penalty in
accordance with the Revised Penal Code and other pertinent national
laws.
Section 79. Sex Tours. – No beach resorts, pension and lodging
houses and related establishments shall be allowed to operate as conduit
for sex tours. Organizers of sex tours and owners of the establishments
shall be penalized in accordance with the penal provision of this code.
Section 80. Prohibited Fund-Raising Initiatives. – Fund raising
activities wherein men and women are used as door prizes, or substitute
for door prizes, or companion package for an award, prize or recognition
in order to raise funds shall be strictly prohibited. Organizers and all other
persons responsible for the conduct of said fund raising activity shall pay
a fine of Two Thousand Five Hundred Pesos (Php 2,500) and / or suffer
imprisonment for six months (6) or both, at the discretion of the Court.
Municipal Ordinance No. 16-020-093 Page 32
Section 81. Contests which Degrade Women and Men. – Beauty
contests and other similar activities, whose purpose and manner of
presentation tend to abuse, humiliate and treat and degrade women,
men and children shall be strictly prohibited in schools, barangays and
communities within the jurisdiction of the municipality. Instead projection
of women and children’s strengths and potentials shall be encouraged.
ARTICLE III
VIOLATIONS TO LABOR AND EMPLOYMENT LAWS
Section 83. Equal Access to Job Training and Promotion. – No one
shall be deprived of job training or promotion on account of gender, sex
orientation, age, ethnicity, civil status and religion. Employers who violate
this provision shall be penalized with a fine of Two Thousand Five
Hundred Pesos (P2,500.00) or the cancellation of their business permits
or both at the discretion of the court.
Section 84. Wages and Benefits. – Every employer shall comply with
the minimum wage as prescribed by the Regional Wage Board or as
maybe provided by existing laws and shall grant all benefits due to all
employees without discrimination against women. Violations by
employers shall be penalized as provided in the Labor Code.
Section 85. Raids in Entertainment Establishments. – Police brutality
shall not be allowed anywhere, at any time, and in any kind of activity
such as during the conduct of raids in entertainment establishments and
similar places. Raids shall be conducted in accordance with the law and
in a manner which shall not degrade or humiliate others. Violators of this
provision shall be subject to appropriate administrative, civil or penal
sanctions.
ARTICLE IV
VIOLATIONS AGAINST JUSTICE, PEACE AND ORDER
Section 86. Non-Disclosure of Victims’ and Offenders’ Identities. –
The confidentiality of the real names, alias, personal circumstances, or
any other information pending to establish the identities of offenders and
victims shall be preserved and shall not be disclosed to the public in any
manner to protect their privacy and integrity unless authorized by law or
for a lawful purpose. Any person who violates this provision shall be
penalized with fifteen (15) days of imprisonment or payment of Two
Thousand Five Hundred Pesos (P2,500.00) or both or at the discretion
of the court. The offenders may also be persecuted for revelation of
secrets under Articles 229 and 230, as the case maybe, of the Revised
Penal Code or under other related laws.
ARTICLE V
VIOLATIONS TO PERSONS IN THE SPECIAL SECTORAL
CONCERNS
Municipal Ordinance No. 16-020-093 Page 33
Section 87. Equal Treatment to Persons in the Special Sectors. –
Any ridicule, embarrassment, insult and harassment to persons with
disabilities, elderly, solo parent, Muslim and other cultural communities
and those with sexual preferences shall be penalized in accordance with
the penal provision of this code.
Section 88. Prohibition Against Degrading Programs and
Publications. – It shall be unlawful for any person or entity to present
reports, programs or advertisements in print, broadcast, electronics, film
or other forms of media including stage shows or presentations, that
degrade or treat women and men, minors and children as inferior beings
or which in any manner subject them to humiliation and ridicule.
Publishers, reporters, station or program managers, advertisers,
producers, directors, actors or other persons responsible for such, shall
be penalized with a fine of Two Thousand Five Hundred Pesos
(P2,500.00) or imprisonment of one (1) month or both at the discretion of
the court. The court may impose suspension or revocation of the
business permit or franchise to operate.
CHAPTER IV
ORION MUNICIPAL ORDINANCES RELATED DIRECTLY AND
INDIRECTLY TO THE PROTECTION OF WOMEN AND CHILDREN
A) M.O. No. 2-02-2005. An Ordinance Penalizing Domestic Violence
Offender. Section 89.
a) Mandatory Provision.
1. Any Person Committing the Act of Domestic Violence shall be
arrested immediately;
2. If the arrest is made by a civilian or not an authorized officer,
the offender shall be turned over to the authorities for investigation
and detention;
3. If the offender is granted bail, the offender is prohibited to
contact or communicate with the victim unless a waiver for
protection is being made by the offended party;
4. If a detention center is not available, the offender may be taken
into the custody of barangay officials.
b) Filing Provision Involving Domestic Violence.
Municipal Ordinance No. 16-020-093 Page 34
1. Any Person who has the full knowledge of an act of domestic
violence with or without the consent of the victim can file a case
against the offender;
2. Domestic Violence complaint shall be filed in the courts in
accordance with the proceedings provided by law. It shall also
state the application for the issuance of protection order and
claims damages;
3. The filing of domestic violence complaint shall be in the courts
of appropriate jurisdiction.
c) Provision involving Protection Order. It shall include any
order issued for the purpose of preventing the act of abuse such
as:
1. An order prohibiting the offender to directly or indirectly
communicate with or contact the victim;
2. An order granting custody of the minor children to the parent of
the petitioner or any person or government agency to the best
interest to of the minor children;
3. An order for offender to leave immediately the domicile of the
victim or petitioner;
4. An order granting other legal remedies deemed necessary by
the court for the victim’s protection and other persons who may be
in need for protection.
d) Application for Protection Order. It shall be done in writing
stating the circumstances of the abuse and the application shall
be under oath by the petitioner.
e) Barangay Protection Orders.
1. Application for Barangay Protection Order shall follow the Rules
and Venue per Section 109 of the Local Government Code of
1999 and its Implementing Rules and Regulations;
2. The BPO may be issued by the Barangay Captain;
3. The Barangay Captain shall issue P.O. to the applicant on the
date of filing after determining substantial basis of the application;
4. The BPO shall only cover the provision mention on Section 55
letter c of this ordinance;
5. After the issuance of BPO, the Barangay Captain or
representative shall serve immediately a copy to the respondent.
f) Penalty. Violation of Municipal Ordinance No. 5-02-2005 shall
be punished by a penalty of both imprisonment of six months and
a fine of PhP2,500.00
B) M.O. No. 11-03-2005. Anti-Trafficking in Person Ordinance.
Section 90.
a) Trafficking in Persons – refers to the recruitment,
transportation, transfer, harboring or receipt of persons, with
or without the victim’s consent or knowledge, within or across
Municipal Ordinance No. 16-020-093 Page 35
national borders by means of threat or use of force, or other
forms of coercion., abduction, fraud, deception, abuse of
power or of position, taking advantage of the vulnerability of
the person ,or, the giving or receiving of payments or benefits
to achieve the consent of a person having control over
another person for the purpose of exploitation which includes
at a minimum, the exploitation or the prostitution of other s or
other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs. The
recruitment, transportation, transfer, harboring or receipt of a
child for the purpose of exploitation shall also be considered
as “trafficking in persons” even if it does not involve any of the
means set forth in the preceding paragraph.”
b) Measures of Preventing Human Trafficking – To ensure
unified and synchronized effort in preventing, eliminating, and
controlling human trafficking. LGU-Orion shall implement the
following measures at the local level.
1. Information and Education Campaign. The LGU-Orion
through the barangay councils shall take lead in conducting
massive information and education campaign on human
trafficking;
2. Establishment of Orion Anti-Trafficking in Persons Committee.
To sustain the campaign against human trafficking, the LGU-Orion shall
establish a local committee in coordination with MSWD, DILG, NGOs and
other concerned agencies.
c) Penalty Clause. Violation of Municipal Ordinance No.
________ shall be
CHAPTER V
PROVISIONS FOR IMPLEMENTATION, MONITORING
AND EVALUATION
ARTICLE I
INSTITUTIONAL MECHANISMS
Section 93. Gender Mainstreaming. – The Municipality of Orion shall
adopt gender mainstreaming as a strategy towards the promotion of
gender-responsive governance. It shall integrate gender equality goals
Municipal Ordinance No. 16-020-093 Page 36
into the development plans, programs, projects and services of the
municipal government and in the whole planning and budgeting cycle.
The development plans referred to are the Comprehensive land Use
Plan (CLUP); Comprehensive Development Plan (CDP); Local
Development Plan Investment Program (LDIP); Executive-Legislative
Agenda (ELA); Annual Investment Plan (AIP) and other plans to be
formulated by the LGU out of the main instruments which are the CLUP
and the CDP.
Section 94. Participatory Governance and Implementation. – The
municipal and barangay government units shall lead in the
implementation of this Code. Participation of the civil society
organizations shall be ensured and partnership and linkages with other
concerned agencies, institutions and individuals shall be established.
Section 95. The Municipal Gender and Development Council
(MGADC). – In order to carry out the general objectives of this Code,
there shall be created a council called the Gender and Development
Council of Orion or Orion GAD Council.
Section 96. Composition of the Orion GAD Council. – The Orion GAD
Council shall be composed of the following:
a. Chairperson : Municipal Mayor
b. Co-Chairperson : Vice Mayor Vice –Chairperson :
c. SB Chairperson on Social Services, Gender and Family
Welfare
Co-Vice Chairperson: SB Vice Chairperson on Social Services,
Gender and Family Welfare Members:
1. Municipal Planning and Development Coordinator
2. Municipal Agriculture Officer
3. Municipal Treasurer
4. Municipal Budget Officer
5. Municipal Social Welfare Officer
6. Municipal Health Officer
7. Market Administrator
8. PNP (Women’s Desk)
9. ABC President
10. SK President
11. Education Sector ( 1 from Private and 1 from Public )
12. Barangay Lady Legislators (1)
13. Orion Local Council of Women
14. Business Sector (Woman Entrepreneur)
15. Labor Sector
16. MLGOO
The MGAD Council shall appoint an Action Officer from the members
and also a Secretariat. c. At the barangay level, create similar structure
and/or appointment of a GAD Focal Person in the Barangay Council shall
be installed, whichever is appropriate.
Municipal Ordinance No. 16-020-093 Page 37
Section 97. Membership in the MGAD Council/Barangay GAD
Council. – All the members of the MGAD Council shall be appointed by
the Municipal Mayor. Provided however, that if there is a need for
additional members, the inclusion or addition shall be decided by the
council. Provided, furthermore, that any member can be removed from
the list of members upon deliberation and decision by the council.
Section 98. Functions, Roles and Responsibilities of the Orion
GAD Council.
a. Promulgates Rules and Regulations as maybe necessary for
the implementation of the Modified GAD Code of Orion;
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 plan;
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;
j. Adopts and employs 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.
Section 99. 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.
Municipal Ordinance No. 16-020-093 Page 38
Section 100. Mandated Committees under the Orion GAD Council.
– In order to effectively respond to the challenges in the cause to
promote, protect and fulfill the rights of women and children, the following
committees shall be created as integral part of the GAD Council:
- Committee on Gender-based Violence
- Committee on the Economic Empowerment of Women
- Committee on Reproductive Health
- Committee on Education and Research
ARTICLE II
GAD OFFICE AND RESOURCE CENTER
Section 101. GAD Office. – There shall be established a GAD office
which shall serve as the center of GAD activities. The said office shall be
assigned in any space within the municipal hall and /or compound.
Section 102. GAD Resource Center (GRC). – The Municipality of Orion
shall establish a GAD Resource Center. It shall have the capacity to
respond to all the needs for GAD mainstreaming and shall provide the
following services and resources:
a. Updated library materials on Gender and Development
/Women’s Studies across various academic disciplines and
development sectors;
b. Capacity development programs;
c. Technical assistance on policy development, plans, programs,
projects, monitoring and evaluation and other related concerns;
and
d. Research programs;
Municipal Ordinance No. 16-020-093 Page 39
CHAPTER VI
BUDGETARY PROVISION
Section 103. Appropriation. – The municipal and barangay government
units shall appropriate at least 5% of the annual total budget to GAD
programs, projects and services. They may also utilize a certain
percentage of the 20% Development fund for GAD, especially for gender-
related hard infrastructure projects.
CHAPTER VII
FINAL PROVISION
Section 104. Penalty Clause.
1. Violation of Sections 77 and 78 shall be penalized in
accordance to existing national laws and other pertinent laws;
2. Violations other than that of Sections 77 and 78 shall be
penalized with six (6) months of imprisonment and a fine of Two
Thousand Pesos (P2, 500.00)
3. In case the offender is a corporation, its immediate officers shall
be liable under the Code, without prejudice to the revocation of its
business permit as may be deemed proper by the municipal
government.
Municipal Ordinance No. 16-020-093 Page 40
Section 105. Separability Clause. – If any part or provision of this
Ordinance is held unconstitutional or invalid, other parts or provisions
thereof which are not affected shall remain valid and shall continue to
remain in force and effect.
Section 106. Repealing Clause. – All ordinances, rules and regulations,
or part thereof, in conflict with or inconsistent with any provisions of this
ordinance are hereby repealed or modified accordingly.
Section 107. Effectivity Clause. – This Code shall take effect upon
approval and compliance with the mandatory posting and publication
requirements prescribed under RA 7160, otherwise known as the Local
Government Code.
Municipal Ordinance No. 16-020-093 Page 41