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PRESENT: Hon. Harris Glenn D.

Puyot, City Vice-Mayor/


Presiding Officer
Hon. Robert N. Cong, SP Member/
Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Daniel O. Racaza, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Cristiano L. Danila, SP Member/
President, Liga ng mga Brgy. Federation

ABSENT: None.

CITY ORDINANCE NO. 2013-044

AN ORDINANCE MANDATING EVERY BARANGAY IN THE


CITY OF CABADBARAN TO ESTABLISH A FUNCTIONAL
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (VAWC)
DESK AND PROVIDING FUNDS THEREFOR.

WHEREAS, RA No. 9710, otherwise known as the Magna Carta of Women, is


a comprehensive women’s human rights law that seeks to eliminate discrimination
against women and their children by recognizing, protecting, fulfilling and promoting
the rights of Filipino women, especially those in the marginalized sectors;

WHEREAS, Section 12D, Rule IV of the Rules and Regulations Implementing


RA 9710 or the Magna Carta of Women provides for the establishment of a VAWC
desk in every barangay to ensure that violence against women and their children
cases are fully addressed in a gender-responsive manner;

WHEREAS, Joint Memorandum Circular No. 2010-2 of the DILG, DSWD, DOH,
DepEd and the Philippine Commission on Women (PCW) requires all local
government units (LGUs) to establish a Violence Against Women and their Children
(VAWC) Desk in every barangay;

WHEREAS, in order to strengthen the fight against violence on women and


their children, the City Government of Cabadbaran is one with the State in condemning
discrimination against women and their children in all its forms and pursues to stop
abuses by responding to it in the most immediate time;
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WHEREAS, the establishment of a Violence Against Women Desk in every


barangay provides for an intervention that will raise the consciousness of the public in
recognizing the dignity of women, ensuring support for victims, bringing perpetrators
to justice and making a long term plan to prevent violence before it begins.

NOW THEREFORE

BE IT ORDAINED, by the 3rd Sangguniang Panlungsod, in its 20th Regular


Session assembled, that:

SECTION 1. TITLE - This Ordinance shall be known as the “Barangay


VAWC Desk Ordinance of the City of Cabadbaran”.

SECTION 2. DECLARATION OF POLICY - The City of Cabadbaran hereby


declares to promote gender-responsive governance, protect and fulfill women’s
human rights and promote women empowerment.

SECTION 3. DEFINITION OF TERMS -

3.1 Violence Against Women and their Children (VAWC) – refers to


any act of gender-based violence that result in, or is likely to result in physical,
sexual, or psychological harm or suffering to women and their children, including
threats of such acts, coercion, or arbitrary deprivation of liberty, whether occurring in
public or in private life. It shall be understood to encompass, but not limited to the
following:

(1) Physical, sexual, psychological, and economic violence occurring in


the family, including battering, sexual abuse of female children in the
household, dowry-related violence, marital rape, and other traditional practices
harmful to women and their children, non-spousal violence and violence related
to exploitation;

(2) Physical, sexual, and psychological violence occurring within the


general community, including rape, sexual abuse, sexual harassment and
intimidation at work, in educational institutions and elsewhere, trafficking in
women and their children and prostitution; and

(3) Physical, sexual, and psychological violence perpetrated or


condoned by the State, wherever it occurs. It also includes acts of violence
against women and their children as defined in Republic Act Nos. 9208 and
9262. Under the Magna Carta of Women, this term is used interchangeably
with gender-based violence.
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3.2 VAWC Desk – a facility that would address VAWC cases in a gender-
responsive manner, managed by a person designated by the Punong Barangay. It is
situated within the premises of the Barangay Hall. In the absence of a Barangay Hall,
the VAWC Desk shall be established within the premises where the Punong Barangay
holds office.

SECTION 4. ESTABLISHMENT OF VAWC DESK IN EVERY


BARANGAY -

4.1 Setting up the VAWC Desk - The Punong Barangay shall designate an
enclosed area within the Barangay Hall for the VAWC desk. Provision for the
necessary furnitures such as, but not limited to tables, chairs, separate filing cabinet
and separate log book for records-keeping of cases. Likewise, the Punong Barangay
shall ensure the confidentiality of the case and privacy and safety of the victim-
survivor.

4.2 Designation of VAWC Desk Officer - The Punong Barangay shall


designate a VAWC Desk Officer who is trained in the handling of VAWC cases
preferably a woman barangay kagawad or woman barangay tanod or BHW or BNS or
a trained VAWC volunteer. In cases where there are no trained personnel, ensure that
the person assigned shall undergo basic gender sensitivity training and orientation on
anti-VAWC laws.

The establishment of a VAWC Desk shall be considered as one of the


criteria in the scaled-up Badge of Merit of the City Government.

4.3 Functions of the Barangay VAWC Desk Officer - The VAWC Desk
Officer shall perform the following tasks:

a) Responds to gender-based violence cases brought to the barangay;


b) Records the number of gender-based violence handled by the barangay and
submits a quarterly report on all cases of VAWC to the DILG City Office and
the City Social Welfare and Development Office;
c) Keeps VAWC case records confidential and secured, and ensure that only
authorized personnel can access it;
d) Assists victims of VAWC in securing Barangay Protection Order (BPO) and
access necessary services;
e) Develops the barangay’s gender-responsive plan in addressing gender-based
violence, including support services, capacity building and referral system;
f) Coordinates with and refers cases to government agencies, non-
government organizations, institutions, and other service providers as
necessary;
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g) Addresses other forms of abuse committed against women and their


children, especially senior citizens, women with disabilities, and other
marginalized groups;
h) Leads advocacies on the elimination of VAWC in the community; and
i) Performs other related functions as may be assigned.

SECTION 5. IMPLEMENTING RULES AND REGULATIONS -

The CSWD and Legal Office shall issue the Implementing Rules and
Regulations within thirty (30) days after the approval of this Ordinance.

SECTION 6. Monitoring, Evaluation and Reporting –

6.1. Within one month after the approval of this Ordinance, all Punong
Barangays shall submit a report to the CSWD Office on the implementation of Barangay
VAWC Desk in their respective areas and to the Office of the DILG-Local Government
Operations Officer of Cabadbaran City.

SECTION 7. FUNDING – a) The cost of the establishment and operations of


the VAWC Desk, as mandated by law, shall be charged under the Barangay’s Gender
and Development (GAD) budget, which shall be at least five percent (5%) of their
budgetary allocation. As such, all Punong Barangays are encouraged to include it in
Plans and Programs of their respective barangays, in accordance with Section 37.A
of the MCW IRR (Planning, Budgeting, Monitoring and Evaluation for GAD).

An honorarium of the VAWC Desk Officer shall be provided for those appointed
who are not receiving honorarium from the barangay.

b) A regular capability building for the VAWC Desk Officer and Barangay Council
shall be provided by the City Government thru the CSWD for the continuing education.

c) For the effective implementation of this ordinance, an initial amount of One


Hundred Thousand Pesos (P100,000.00) shall be appropriated to be taken from
Cabadbaran City’s GAD budget of CSWD Office to defray among others, the cost of
trainings and seminars for VAWC desk officers and for printing the prescribed forms.
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SECTION 8. REPEALING CLAUSE - Any local ordinance or resolution


inconsistent herewith is hereby deemed repealed, superseded, amended or modified
accordingly.

SECTION 9. EFFECTIVITY - This Ordinance shall take effect in January


2014.

ENACTED AND APPROVED: DECEMBER 11, 2013

Authors : HON. ALICIA C. FUNCION


Co-Authors : HON. NIEVA C. FAMADOR
HON. LORITO Q. MARAGAÑAS
Movant : HON. ALICIA C. FUNCION
Seconder : HON. RAYKITO M. KITTILSTVEDT

CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT


City Vice Mayor
Presiding Officer

ROBERT N. CONG SALUTARIO B. CUASITO


SP Member/ SP Member
Plenary Floor Leader

LEO M. JONGKO LITO B. BULASA


SP Member SP Member

NIEVA C. FAMADOR LORITO Q. MARAGAÑAS


SP Member SP Member
City Ord. No. 2013-044 - - - /
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PHILLIP D. RAMIREZ ALICIA C. FUNCION


SP Member SP Member

DANIEL O. RACAZA RAYKITO M. KITTILSTVEDT


SP Member SP Member

CRISTIANO L. DANILA
SP Member/
President, Liga ng Brgy. Federation

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor:


Date: _____________

APPROVED:

DALE B. CORVERA
City Mayor
lmb21st RS
ctord 2013-044