Republic of the Philippines

Province Of Cebu
SANGGUNIANG PANLUNGSOD
City of Naga

- Vice Mayor/Presiding Officer

HON. JHUNMARK T. SJSMAR

ORDINANCE NO. 2019-10

ENACTING A COlVIPREHENSIVE POLICY ON HUlVIAN

IlVIMUNODEFICIENCY VIRUS (HIV), ACQUIRED IMMUNE DEFICIENCY
SYNDROlVIE (AIDS) PREVENTION, AND SEXUALI.JY TRANSMITTED
INFECTIONS TREATMENT, CARE, AND SUPPORT PROGRAlVI AND
RENAMING THE CITY OF NAGA, CEBU lVIULTI-SECTORAL STD/AIDS
COUNCIL TO CITY OF NAGA, CEBU AIDS RESPONSE COORDINATING
COUNCIL (CNARCC), DEFINING ITS FUNCTIONS, PROVIDING RESPONSE,
APPROPRIATING 'FUNDS AND OTHER RELATED PURPOSES, AND
REPEALING CITY ORDINANCE NO. 2015-007, OTHERWISE KNOWN AS
~ CITY OF NAGA, CEBU MULTI-SECTORAL STD/AIDS COllNCIL

~ BE IT ORDAINED, as it is hereby ORDAINED by the Sangguniang Panlungsod of the

City of Naga, Cebu, in a session duly assembled, that:
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. ,- ( SECTION 1. SHORT TITLE. - This Ordinance shall be known as the "'CITY OF
NAGA HIV AND AIDS RESPONSE ORDINANCE."
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SECTION 2. DECLARATION OF POLICIES. -- The HIV and AIDS are public health
concerns that have wide-ranging social, political, and economic repercussions. Responding to the
country's HIV and AIDS situation is therefore imbued with public interest and shall be anchored
on the principles of human rights upholding human dignity.

Policies and p:actic~s that ddisc~dmin~te ondthe basi~ of perceived or. acttuatl H~y ~;~~s, ~
sex, gender, sexual onentatlo~, gen er 1 entI~y an expr~sslOn,age, ,economlC s a us, IS~ 1 y, ~
and ethnicity hamper the enjoyment of basic human nghts and freedoms guaranteed 111 the
Constitution and are deemed inimical to national interest.

The Citv of Naga, Cebu shall respect, protect, and promote human rights as the
cornerstones of 'an effective response to the country's HIV and AIDS situation. Hence, HIV and
AIDS education and information dissemination should form part of the right to health.

The meaninsful inclusion and participation of persons directly and indirectly affected by
the HIV and AIDSbsituation, especially persons living with HIV, are crucial in eliminating the
virus. Thus, unless otherwise provided in this Ordinance, the confidentiality and non-compulsory
nature of HIV testing and HIV-related testing shall always be guaranteed and protected by the
City Government of Nag a, Cebu.

ORoiNANCEN()' 2019-10 HIV AND AIDS RESPONSE

01·
 Towards this end, the City of Naga, Cebu shall ensure the delivery of non-discriminatory
HIV and AIDS services by government and private HIV and AIDS service providers, and
develop redress mechanisms for persons living with HIV to ensure that their civil, political,
economic, and social rights are protected,

Accordingly, the City Government of Nag a, Cebu shall:

(a) Establish policies and programs to prevent the spread of HIV and deliver treatment
care, and support services to Filipinos living with HIV in accordance with evidence based
strategies and approaches that uphold the principles of human rights, gender responsiveness, and
age appropriateness, including meaningful participation of communities affected by the
country's HIV and AIDS situation;
(b) Adopt a multi-sectoral approach in responding to the city's HIV and AIDS situation
by ensuring that the whole of government approach, local communities, civil society
organizations (CSOs), and persons living with HIV are at the center of the process;
(c) Ensure access to HIV- and AIDS-related services by eliminating the climate of stigma
and discrimination that surrounds the country's HIV and AIDS situation, and the people directly
and indirectly affected by it; and
(d) Positively address and seek to eradicate conditions that aggravate the spread of HIV
infection, which include poverty, gender inequality, marginalization.and ignorance.

SECTION 3. DEFINITION OF TERMS. - For the purposes of this Ordinance, the

following terms shall be defined as follows:
(a) Acquired Immune Deficiency Syndroms (AIDS) refers to a health condition where
there is a deficiency of immune system that stems from infection with the Human
Immunodeficiency Virus or HIV, making an individual susceptible to opportunistic infections;
(b) Anti-retroviral Therapy (ARJ) refers to the treatment that stops or suppresses viral
replication or replications of a retrovirus like HIV, thereby slowing down the progression of
infection;
(c) Bullying refers to any severe or repeated use by one or more persons of a written,
verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed
at another person that has the effect of actually causing or placing the latter in reasonable fear of
physical or emotional harm or damage to one's property; creating a hostile environment for the
other person; infringing on the rights of another person; or materially and substantially disrupting
the processes or orderly operation of an institution or organization; \
(d) Civil Society Organization (C"SOs) refers to groups of non-governmental and non-
omrnercial individuals Of legal entities that are engaged in non-coerced collective action around
shared interests, purpose and values;
\~ ( (e) Discrimination refers to unfair or unjust treatment that distinguishes, excludes,
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restricts, or shows preferences based on any ground such as sex, gender, age, sexual orientation,
gender identity and expression, economic status, disability, ethnicity, and HIV status, whether
\ '\\''\,1 actual or perceived, and all other similar or analogous cases, and which has the purpose or effect
of nullifying or impairing the recognition, enjoyment or exercise by all persons similarly
.J situated, of all their rights and freedoms;
(f) Gender-Responsiveness refers to the ability to substantively address gender issues
identified through uender analysis of sex-disaggregated data and gender-related information;
(g) Gender~Sensitil'e refers to the ability to recognize and ackt~o"~ledge. the di~Iere~ce in
roles, needs, and perspectives of women and men, possible asymmetnes III their relationship, and~
the possibility that actions or interventions will have different effect on, and results for, women ~
and men based on their gender, but do not actively seek to address these issues; ~
(h) High-risk Behavior refers to a person's involvement in certain activities that increase
the risk of transmitting of acquiring HIV;
(i) Human [mmunodeficiency Virus (HIV) refers to the virus, of the typ~ call~d ,
retrovirus, which infects cells of the human immune system, and destroys or impairs the cells
functions.' Infection with HIV results in the progressive deterioration of the immune system,
leading to immune deficiency; .. .
(i) HIV Counseling refers to the interpers~nal and dynamic com~um~atlOn proces~
between a client and a trained counselor, who IS bound by a code of ethics and p~act~ce, :0
resolve personal, social, or psychological problems and diffic~lties, whose .0bJectIve 111
counseling, in the context of an HIV diagnosis, is to encourage the client to explore Important

ORDINANCE NO. 2019-10 HIV AND AIDS RESPO~ .

 personal issues, identify ways of coping with anxiety and stress, plan for the future (keeping
healthy, adhering to treatment, and preventing transmission) and in the context of a negative HIV
test result, to encourage the client to explore motivations, options, and skills to stay HIV-
negative;
(k) HIV and AIDS Counselor refers to any individual trained by an institution or
organization accredited by the Department of Health (DOH) to provide counseling services on
HIV and AIDS with emphasis on behavior modification;
(1) HIV-Negative refers to the absence of HIV or HIV antibodies upon HIV testing;
(m) Hit-Positive refers to the presence of HI V infection as documented by the presence
of HIV or HIV antibodies in the sample being tested;
(n) HIV Testing refers to any facility-based, mobile medical procedure, or community-
based screening modalities that are conducted to determine the presence or absence of HIV in a
person's body. HIV testing is confidential, voluntary in nature and must be accompanied by
counseling prior to and after the testing, and conducted only with the informed consent of the
person;
(0) Hit-Related Testing refers to any laboratory testing or procedure done on an
individual in relation to a person's HIV condition;
(p) HII' Testing Facility refers to any DOH accredited on-site or mobile testing center,
hospital, clinic, laboratory, and other facility that has the capacity to conduct voluntary HIV
counseling and HIV testing;
(q) HIV Transmission refers to the transfer of HIV from one infected person to an
uninfected individual, through unprotected sexual intercourse, blood transfusion, sharing of
contaminated intravenous needles, or which may occur during pregnancy, delivery, and
breastfeeding;
(I') Informed Consent refers to the voluntary agreement of a person to undergo or be
subjected to a procedure based on full infonnation, whether such permission is written or
conveyed verbally;
(s)Illdigent refers to a condition when a person does not have the financial means to pay
for their medical expenses and/or practical support as determined by a licensed social worker
through a needs based assessment;
(t) KeJ' Affected Populations or Key Populations refers to those groups or persons at
higher risk of HIV exposure, or affected populations whose behavior make them more likely to
be exposed to HlV or to transmit the virus;
(u) Opportunistic Infections refers to illness caused by various organisms, many of which \
do not cause diseases in persons with healthy immune system;
/ (v) Outpatient HIT' and AIDS Treatment (OHA 1) refers to the benefit package for
outpatient treatment of HIV and AIDS offered by Phill lealth;
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with HlV;
(w) Person Living with HIT' (PLHIV) refers to any individual diagnosed to be infected

(x) Pre-exposure Prophylaxis refers to the use of prescription drugs as a strategy for the
prevention of HIV infection by people who do not have HIV and AIDS. It is an optional
treatment, which may be taken by people who are HIV-negative but who have substantial,
higher-than-average risk of contracting an HIV infection;
(y) Pre-Test Counseling refers to the process of providing an individual with information
on the biomedical aspects of HIV and AIDS, and emotional support to any psychological
implications of undergoing HIV testing and the test result itself before the individual is subjected
to the test;
(z) Post-Exposure Prophylaxis refers to a preventive medical treatment started
immediately after exposure to a pathogen (HlV) in order to prevent infection by the pathogen
and the development of the disease;
(aa) Post-Test Counseling refers to the process of pro:riding risk~reduction inf~rmation
and emotional support to a person who submitted to HIV testing at the time the r~su~t IS released;
(bb) Prophylactic refers to any agent or device used to prevent the transrmssion of an
infection: . .
(cc.) Provider-It . liliatel.1 ~:oltll~'elin?a. . nd Tes~il7g refers to a health care prov!der ini~la~ll1g ~
HIV testing to a person practrcmg high-risk behavior or vulnerable to HIV after conducting HI:'
pre-test counseling. A person may elect to decline or defer testing such that consent IS
conditional; ,
(dd) Redress refers to an act of compensation for unfairn~ss, grievance, and reparation;
(ee) Safe Sex Practices refers to choices made and behaviors adopted by a person to

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE I Page 3

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 reduce or minimize the risk of HIV transmission. These may include postponing sexual debut,
non-penetrative sex, correct and consistent use of male or female condoms, and reducing the
number of sexual partners;
(ft) Sexually Transmitted Infections (STls) refers to infections that are spread through the
transfer of organisms from one person to another as a result of sexual contact;
(gg) Social Protection refers to a set of policies and programs designed to reduce poverty
and vulnerability by promoting efficient labor markets, diminishing people's exposure to risks,
and enhancing their capacity to protect themselves against hazards, and interruptions on, or loss
of income;
(hh) Stigma refers to the dynamic devaluation and dehumanization of an individual in the
eyes of others, which may be based on attributes that are arbitrarily defined by others as
discreditable or unworthy and which results in discrimination when acted upon;
(ii) Treatment Hubs refers to private and public hospitals or medical establishments
accredited by the DOH to have the capacity and facility to provide treatment and care services to
PLHIV;
Gj) Voluntary HIV Testing refers to HIV testing done on an individual who, after having
undergone pre-test counseling, willingly submits to such test;
(kk) Vulnerable Communities refers to communities and groups suffering from
vulnerabilities such as unequal opportunities, social exclusion, poverty, unemployment, and
other similar social, economic, cultural and political conditions, making them more susceptible
to HIV infection and to developing AIDS; and
(ll) Workplace refers to the office, premise or work site where workers are habitually
employed and shall include the office or place where workers, with no fixed or definite work
site, regularly report for assignment in the course of their employment.

SECTION 4. RENAMING OF THE CITY OF NAGA, CEBU MULTI-SECTORAL

STD/AIDS COUNCIL TO CITY OF NAGA AIDS RESPONSE COORDINATING
COUNCIL (CNARCC). - The CNARCC shall be a central advisory, planning and policy-
making body on the prevention and control of STI, HIV, and AIDS, and intensifying public
campaigns on HIV awareness and stigma reduction activities in the City ofNaga.

SECTION 5. FUNCTIONS. - The CNARCC shall perform the following functions:

(a) Develop the City AIDS Strategic Executive Term Unified Plan (AIDS SETUP) in
collaboration with relevant government agencies, CSOs, the PLHIV community, and other
stakeholders;
;' (b) Develop short, medium, and long term plans for the prevention and control of ST!,
RN, and AIDS;
(c) Ensure the operationalization and implementation of the AIDS SETUP;
(d) Strengthen the collaboration between government agencies and CSOs involved in the
implementation of the national HIV and AIDS response, including the delivery of HIV and
AIDS related services;
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(e) Develop and ensure the implementation of the guidelines and policies provided in
this Ordinance, including other policies that may be necessary to implement the AIDS SETUP;
(f) Monitor the progress of the response to the country's HIV and ~IDS situation; ~
(g) Monitor the implementation of the AIDS SETUP, undertake mid-term _)
assessments and evaluate its impact; ~ "-
(h) Mobilize sources of funds for the AIDS SETUP;
(i) Mobilize its members to conduct monitoring and evaluation ofHIV-related
programs, policies, and services within their mandate; . ~
G) Coordinate, organize, and work in partnership with foreign and international or?~mza- ~
tions regarding funding, data collection, research, and prevention and treatment modalities on ~
HN and AIDS, and ensure foreign funded programs are aligned to the national response; ~
(1) Advocate for policy reforms to Sangguniang Panlungsod (SP) and other government
agencies to strengthen the city's response to the HIV and .AIDS situation;
(m)Submit an annual report to the Office of the City Mayor, SP and the members of the
Council; . .
(n) Identify gaps in the local response on the part of government age~cIes and It pa~n~r.s
from civil society and international organizations, in order to develop and Implement the initial
interventions required in these situations; and

OR"DINANC'E NO~019~Hiv A~m AIDS RESPONSE !

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 (m) Recommend policies and programs that will institutionalize or continue the
interventions required in addressing the gaps identified in the local response to the HIV and
AIDS situation of the city.

In addition to the powers and functions enumerated under the preceding paragraph, the
members of the CNARCe shall also develop and implement individual action plans, which shall
be anchored to and integrated in the AIDS SETlJP. Such action plans shall be based on the
duties, powers, and functions of the individual agencies as identified in Section 6 of this
Ordinance.

SECTION 6. MEMBERSHIP AND CQ.,MPOSITION. - Selection of the members of

CNARCC shall be based on the following criteria:
(a) Government agencies or esos with direct contribution to the performance of the core
functions of the of the Council (oversight, direction setting and policy making);
(b) Government agencies or CSOs with existing programs, services and activities that
directly contribute to the achievement of the AIDS SETUP; and
(c) Government agencies or CSOs with existing constituencies that are targeted by the
AIDS SETUP's objectives and activities.

The following Departments/Offices and CSOs shall be represented in the CNARCC:

Chairperson: (1) Office of the City Mayor;
Members (2) City Health Office (CHO);
(3) Chairperson of Committee on Health and Sanitation;
(4) City Social Welfare and Development Office (CSWDO);
(5) City Local Government Operations Office (CLGOO);
(6) Department of Education (DepEd) Division of City of Nag a;
(7) City Information and Community Relations Department;
(8) City Budget Office (CBO);
(9) City Planning and Development Office (CPDO);
(10) City Populations Office;
(11) Vicente Mendiola Center for Health - Infirmary;
(12) Philippine National Police (PNP) City Of Naga;
(13) Bureau of Jail Management and Penology (BJMP) City of Naga;
(14) Sangguniang Kabataan (SK) Federation;
(15) One (1) representative from persons living with HIV and AIDS; '\,
(16) One (1) representative from CSOslNGOs working for the welfare of

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identified key populations accredited by the city;
(17) One (1) representative from C SOs/NGOs working for the welfare of .:
/ SOGIE communities accredited by the city; and

-; \: (18) Association of Barangay Captains

(19) Differently Abled Person
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"..~, Except for members from government agencies, the members of the CNARCC shall be
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appointed by the City Mayor. The heads of government agencies may be represented by an
.J official whose rank shall not be lower than an Assistant Department Head or HIV Focal.

The members of the CNARCC shall be appointed not later than thirty (30) days after the
date of the enactment of this Ordinance.

The CNARCC shall meet at least once every quarter. The presence of the Chairperson of
the Vice-Chairperson of the CNARCC, and at least nine (9) other CNARCC members and/or
permanent representatives shall constitute a quorum to do business, and a majority vote of those
present shall be sufficient to pass resolutions or render decisions.

The City Mayor shall be the permanent Chairperson of the CNARCC. However, the City
Mayor may designate a Chairperson on his/her absence as his/her authorized representative. A
Co-Chairperson shall be selected from among the CSOINGO member representing the key
affected population of the council, and shall serve for a term of three (3) years. Members
representing CSOslNGOs shall serve for a term of three (3) years, renewable upon
recommendation of the Council for a maximum of two (2) consecutive terms.

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

 (d)
. . Data Privacy. Act of2012;
(e) Primary care; and
(f) Continuing medical education related to STI, HIV and AIDS.

(2) The Registered Nurse will perform the following roles and functions:
(a) Ensures acceptable and appropriate physical clinic setup;
(b) Assists the doctor in history-taking, physical examination, and specimen
coIl ecti on/l abel ing;
(c) Performs routine biomedical checks (blood pressure, weight, temperature);
(d) Ensures specimens are transported to and processed in the laboratory immediately
after collection;
(e) Dispenses medicines correctly based on doctor's prescription;
(f) Ensures that instructions given by the doctor are understood by the client;
(g) Provides counseling;
(h) Ensures accurate entries in clinic forms and logbooks;
(i) Supervises reporting and record-keeping;
(j) Assists the doctor in clinic logistics inventory, e.g. supplies/materials and other
consumables;
(k) Manages the flow of clients during consultation;
(1) Ensures infection control measures and adherence to standard precautionary practices;
and
(m) Updates self with the latest technology/developments.

Training Requirements for registered nurse:

(a) STI diagnosis and management;
(b) HIV counseling to testing;
(c) Behavior change communication;
(d) Data Privacy Act of2012;
(e) Primary care; and
(f) Continuing medical education related to STI, HIV and AIDS.

(3) The Registered Medical Technologist will perform the following roles and functions:
(a) Conducts laboratory testing;
(b) Ensures proper handling, storage, labeling and disposal of specimens;
(c) Practices standard precautions at all times;
(d) Ensures the accuracy of the tests;
(e) Ensures standardized performance of tests and procedures;
(f) Performs quality control procedures for all laboratory tests;
(g) Ensures adequacy of reagents and supplies and optimum functionality of equipment;
(h) Ensures proper sterilization, disinfection and storage oflaboratory and clinic
equipment;
(i) Adheres to manufacturer's instructions or protocols regarding equipment and
supplies; and
(j) Updates self with the latest technology/developments.

Training requirements for registered medical technologist:

(a) Proficiency training on HIV and other blood-borne diseases;
(b) Refresher course on basic STI laboratory testing; and
(c) Data Privacy Act of2012.

(4-7) The Community Health Outreach Workers (CHOWs) will perform the following roles and
functions:
(a) Conducts provisions of basic STI, HIV and AIDS information and services to key
populations/clients;
(b) Conducts HIV pre- and post-test counseling;
(c) Conducts HIV counseling within the continuum of care and treatment;
(d) Monitor and assist in the conduct of mapping activities with lost to follow-up clients;
(e) Assist in the social media promotion and other campaigns to raise the number of
participant/clients in the events/activities;
(f) Conducts community-based HIV screening;

ORDINANCE NO. 2019-10 HIVAND AIDS RESPONSE Page 7

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 SECTION 7. SECRETARIAT. - The Social Hygiene Clinic (SHC) shall be the
Secretariat of CNARCC and shall operate the daily tasks for STI, HIV and AIDS operations.

SECTION 8. HONORARIUM. - Subject to limitations fixed by existing law and

availability of funds, the Chairperson and members shall be entitled to an honorarium of at least
Five Hundred (P500.00) Pesos for every meeting attended to, but in no case shall it exceed to
One Thousand Pesos (PI ,000.00) per month.

The Secretariat shall likewise be entitled to an honorarium of Three Hundred (P300.00)

Pesos for every meeting attended to but in no case shall it exceed to Five Hundred Pesos
(PhP500.00) per month.

SECTION 9. CITY AIDS STRATEGIC EXECUTIVE TERM UNIFIED PLAN

(AIDS SETUP). - The CNARCC shall formulate and periodically update the three (3)-year
AIDS SETUP, a citywide multi-sectoral strategic plan to prevent and control the spread ofHIV
and AIDS in the city. The AIDS SETUP shall include the following:
(a) The city's targets and strategies in addressing the HIV and AIDS situation;
(b) The prevention, treatment, care and support, and other components of the city's
response;
(c) The operationalization of the program and identification of the government agencies
that shall implement the program, including the designated office within each agency responsible
for overseeing, coordinating, facilitating, and monitoring the implementation of its AIDS
program from the national to the local levels; and
(d) The budgetary requirements and a corollary investment plan of each government
agency specified in the AIDS SETUP, and shall identify the sources of funds for its
implementation.

SECTION 10. THE ROLE OF SOCIAL HYGIENE CLINIC (SHC), ITS

COMPOSITION AND FUNCTIONS. - The SHC shall be created and named as Integrated
Sexual Health Information and Nurturing Endeavors Center (iSHINE Center) under the
supervision of the CHO in accordance with Department of Health and USAID - SHC in the
Philippines Manual of Procedures Manual.
The iSHINE Center shall be composed of qualified specialists and support personnel with
permanent positions, and with adequate yearly budget, and shall coordinate with the CNARCC '\

for the implementation of the health sector's HIV and AIDS and STI response, as identified in
the AIDS SETUP.

A. Composition and Functions of SHC Personnel's:

(1) The Social Hygiene Clinic (SHC) Physician/Clinic Manager will perform the following roles
and functions:
(a) Acts as overall administrator of the clinic;
(b) Supervises and assists clinic staff;
(c) Conducts history-taking and physical examination;
(d) Collects needed specimen;
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(e) Provides effective and appropriate diagnosis, treatment, and counseling;
(f) Coordinates with the city coordinator in planning, implementing, and monitoring of
STI, HIV and AIDS control program;
(g) Advocates support;
(h) Coordinates with referral agencies for cases outside the scope of expertise of the
SHC-
(i) Provides technical assistance to peripheral RHUs and BHSs on syndromic STI
Management; and
(j) Updates self with the latest technology/development.

Training requirements for SHC Physician/Clinic Manager:

(a) STI diagnosis and management;
(b) HlY counseling to testing;
(c) Behavior change communication;

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

 {g) Conducts outreach prevention programs;
(h) Access key populations (KPs) or liaises with NGOs tasked by the LGU to track hard-
to-reach KPs;
(i] Serves as link between clients, client's partners and health providers;
(j) Recruits, trains and supervises peer educators;
(k) Advocates for community support; and
(1) Updates self with the latest technology/development.

Training requirements for CHOW s:

(a) Peer education
(b) HIV counseling to testing
(c) Behavior change communication
(d) Community-based HIV screening; and
(e) Data Privacy Act 0[2012.

(8) The Case Manager (CM) shall perform the following roles and functions:
(a) Receive clients at the clinic/facility;
(b) Provide information on Anti-Retroviral Therapy (ART) literacy;
(c) Refer clients to facility and treatment facility physicians;
(d) Conduct counseling for patient and treatment partner;
(e) Conduct counseling for initiation to ART;
(f) Follow-up, monitor clients for initial side-effects, refill of ARV and adherence to
medication; and
(g) Conduct learning group session (LGS) among clients to keep them adherent to the
treatment.

Training requirements for CM:

(a) Peer education
(b) my counseling to testing
(c) Behavior change communication
(d) Community-based HIV screening;
(e) Legal literacy training for CMs; and
(t) Data Privacy Act of2012.

SECTION 11. ESTABLISHING INTEGRATED SEXUAL HEALTH

INFORMATION AND NURTURING ENDEAVORS (ISHINE) CENTER. - The iSHINE
Center shall be created as the Social Hygiene Clinic of the City Government. It shall create an
enabling environment to mount an effective and sustainable local STI, HIV and AIDS response
, ."
to carry out its mandate of providing acceptable, accessible and effective preventive and curative
community services.

A. The Roles ofiSHl.Nt Center in the STI, HIV and AIDS Prevention and Control Program.

i. Planning - The iSHINE Center staff shall be part of drafting the AIDS SET-UP with a
corresponding budget. The strategic plan must be accompanied by an Annual Operational
Plan (AOP) that translates the strategies into specific activities that member agencies will
) take on for a period of one year, including the iSHINE Center's operations and budget
requirements.
2. Monitoring and Planning - A regular process of determining the achievements of the AOP
shall be instituted along with a mechanism to assess its relevance, effectiveness,
efficiency, adequacy and sustainability. In the interim, as CNARCC secretariat, the
iSHlNE Center should lead in developing the monitoring and evaluation (M&E)
framework and implementing M&E activities. Eventually, the CNARCC shall take on the
M&E for the local response. The M&E system of the iSHINE Center (Sentinel STI
Etiologic Surveillance System and program-related reports) shall be linked to the nation
M&E of the Department of Health (DOH). On the other hand, the local M&E system tha
documents overall local response (e.g. policies, budgetary allocation and utilization, and
NGO partnerships/networking) shall be linked to the Philippine National AIDS Council
(PNAC) M&E system. All reporting systems should use the existing structure within the
DOH and its Centers for Health Development (CHDs). It shall maintain a comprehensive

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

---- Page 8
 shall support and provide funding for HIV and AIDS education programs, such as peer
education, support groups, outreach activities, and community-based research that target these

populations and other vulnerable communities. The CHO shall, in coordination with appropriate
agencies and the CNARCC craft the guidelines and standardized information messages for peer
education, support group, and outreach activities.

SECTION 17. HIV PREVENTION MEASURES•..... The CNARCC, in coordination

with the CHO, and other relevant government agencies, private sector, CSOs, faith-based
organizations, and PLHIVs, shall implement preventive measures, including but not limited, to
the following:
(a) Creation of rights-based and community-led behavior modification programs that seek
to encourage HIV risk reduction behavior among PLHIVs;
(b) Establishment and enforcement of rights-based mechanisms to strongly encourage
newly tested HIV -positive individuals to conduct partner notification and to promote
HIV status disclosure to partners;
(c) Establishment of standard precautionary measures in public and private health
facilities;
(d) Accessibility of ART and management of opportunistic infections;
(e) Mobilization of communities of PLHIV for public awareness campaigns and stigma
reduction activities; and
(f) Establish comprehensive human rights and evidence-based policies, programs, and
approaches that aim to reduce transmission.

The enforcement of this section shall not lead to or result in the discrimination or
violation of the rights of PLHIV and the service provider implementing the program, including
peer educators and community-based testing providers.

SECTION 18. COMPREHENSIVE HEALTH INTERVENTION FOR KEY

POPULATJONS. - The CLGOO and CHO, in partnership with the key populations, shall
establish a human rights and evidence-based HIV prevention policy and program for people who
have higher risk of HI V infection and other key populations.

SECTION 19. PREVENTING MOTHER-TO-CHILD HIV TR<\NSlVIISSION.-

The CHO shall establish a program to prevent mother-to-child HIV transmission that shall be
integrated in this maternal and child health services.

SECTION 20. ISS1JANCE OF PERMIT TO OPERATE. - In compliance with this

Ordinance, all accredited and registered establishments shall not be allowed to operate unless a
certification of attendance on ST!, HIV and AIDS seminars has been issued to its operators and
to all its employees. This requirement shall take effect on the following year after the effectivity
) of this Ordinance.

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SECTION 21. PEER EDUCATION. - All registered establishments shall be required
to have at least one (1) peer educator. This requirement shall take effect six (6) months after the
1,,_ '" \i

effectivity of this Ordinance.

~
SECTION 22. HIV TESTING. _. As a policy, the City Government of Nag a, Cebu shall ~
encourage voluntary HIV testing. Written consent from the person taking the test must be --
obtained before HIV testing. ~

SECTION 23. HIV TESTING FOR PREGNANT \VOMEN. - A health care provider
that offers pre-natal medical care shall offer provider-initiated HIV testing for pregnant women. l
SECTION 24. TREATl\lENT OF PERSONS LIVING WITH HIV AND AIDS. -
The DOH Regional Office VII in coordination with HIV Treatment Facilities and City Health
Office of Naga through the iSHINE Center shall establish a referral mechanism program that will
provide free and accessible ART and medication for opportunistic infections to all PLHIVs who
are positive during the HIV testing in the territory of City of Naga.

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

oL.
 HIV and AIDS monitoring and evaluation program that shall serve the following
purposes:
(a) Determine and monitor the magnitude and progression of HIV and AIDS in the City
of Nag a and regularly provide a list of priority areas with high magnitude of HIV and
AIDS cases and eo-infections to help the CNARCC evaluate the adequacy and
efficacy of HI V prevention and treatment programs being employed:
(b) Receive, collate, process, and evaluate all HIV- and AIDS-related medical reports
from all hospitals, clinics, laboratories and testing centers, including HIV-related
deaths and relevant data from public and private hospitals, various databanks or
information systems: Provided, That it shall adopt a coding system that ensures
anonymity and confidentiality; and
(c) Submit, through its Secretariat, quarterly and annual reports to the CNARCC
containing the findings of its monitoring and evaluation activities in compliance with
this mandate. (for executive branch)

SECTION 12. PREVENTION PROGRAM. - There shall be an HIV and AIDS

prevention program that will educate the public on HIV and AIDS and other STIs, with the goal
of reducing risky behavior, lowering vulnerabiIities, and promoting the human rights ofPLHIV.

The CNARCC shall promote and adopt a range of measures and interventions, in
partnership with CSOs that aim to prevent, halt, or control the spread of HIV in the general
population, especially among the key populations and vulnerable communities. These measures
shall likewise promote the rights, welfare, and participation of PLHIV and the affected children,
young people, families, and partners ofPLHIV.

The HIV and AIDS education and prevention programs shall be age-appropriate and
based on up-to-date evidence and scientific strategies, and shall actively promote:
(a) Safer sex practices among the general population, including sexual abstinence, sexual
fidelity, and consistent and correct condom use especially among key populations;
(b) Other practices that reduce risk of HIV infection;
(c) Universal awareness of and access to evidence-based and relevant information and
education, and medically safe, legally affordable, effective, and quality treatment; and
(d) Knowledge of the health, civil, political, economic, and social rights of PLHIV and
their families.

SECTION 13. EDUCATJON IN I.EARNING INSTITUTIONS. - A mandatory

education in all learning institutions within the jurisdiction of the City of Naga, Cebu shall be
executed in accordance with Section 12 of Republic Act No. 11166, otherwise known as the
"Philippine HIV and AIDS Policy Act of 2018".

SECTION 14. EDUCATION FOR PARENTS AND GUARDIANS. - The DepEd

Division of the City of Naga in coordination with parent-teacher organizations and CHO in
schools and communities shall conduct awareness-building seminars in order to provide parents
and guardians with a gender-responsive and age-sensitive HIV and AIDS education.

SECTION 15. EDUCATION IN COMM1JNITIES. - The CLGOO, the Association of

Barangay Captains, through the CNARCC in coordination with the CHO, shall implement a
locally-based, multi-sectoral community response to HIV and AIDS through various channels on
evidence-based, gender-responsive, age-appropriate, and human rights-oriented prevention tools
to stop the spread of HIV. Gender and Development (GAD) funds and other sources may be
utilized for these purposes. There shall be an HIV Focal Person on each barangay that shall
ensure the implementation of this section in coordination with iSHINE and the CLGOO. The
CLGOO, in coordination with the CSWDO, the Sanguniang Kabataan Federation and iSHINE,
shall also CO.llduct ag.e-appropriate 1. nv a.n. d. A. ID. S education.for out-of-school youth. ~
SECTION 16. EDllCA TION FOR KEY POPULATIONS AND VULNERABLE
COMMUNITIES. - To ensure that HIV services reach key populations at higher risk, the
CNARCC, in collaboration with the esos engaged in HIV and AIDS programs and projects,

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

 S.ECTION 25. CARE AND SUPPORT FOR PERSONS LIVING WITH HIV. - The
CLGOO, in coordination with the CHO, shall develop care and support programs for PLHIV,
which shall include peer-led counseling and support, social protection, welfare assistance, and

mechanisms for case management These programs shall include care and support for the
affected children, families, partners, and support groups of PLHIV.

SECTION 26. CARE AND StlPPORT FOR AFFECTED FAMILIES, INTlMATE

PARTNERS. SIGNIFICANT OTHERS AND CHILDREN OF PEOPLE LIVING WITH
HIV. - The CSWDO, CHO, and Liga ng mga Barangay, in consultation with CSOs and affected
families of PLHIV shall develop care and support programs for affected families, intimate
partners, significant others, and children ofPLHIV, which shall include the following:

(a) Education programs that reduce HIV -related stigma, including counseling to prevent
HIV-related discrimination within the family;
(b) Education assistance for children infected with HIV and children orphaned by HIV
and AIDS; and
(c) HIV treatment and management of opportunistic infections for minors living with
(d) HIV who are not eligible under the Outpatient HIV and AIDS Treatment (OHAT)
Package of the Philippine Health Insurance Corporation (Phill.lealth).

SECTION 27. CARE AND SUPPORT PROGR;\l\<I IN PRISONS AND OTHER

CLOSED-SETTING INSTITUTIONS. - All prisons, rehabilitation centers and other closed-
setting institutions under the territory of the City of Naga, Cebu shall have comprehensive ST!,
HIV and AIDS prevention and control program that includes HIV education and information,
HIV counseling and testing, and access to HIV treatment and care services.

PLHIV in prisons, rehabilitation c enters , and other closed-setting institutions shall be

provided HIV treatment, which includes anti-retroviral drugs, care, and support in accordance
with the national guidelines. Efforts should be undertaken to ensure the continuity of care at all
stages, from admission or imprisonment to release. The provision on informed consent and
confidentiality shall also apply in closed-setting institutions.

SECTION 28. HEALTH INStlRANCE AND SIl\<ULAR HEALTH SERVICES. -

The CSWDO shall provide to all PLHIV assistance for PhiIHeaIth annual contribution, likewise
CSWDO shall provide any assistance needed by the PLHIV including case management.

SECTION 29. HIV AND AIDS MONITORING AND EVALUATION. - The CHO,
in coordination with DOH R07 shall maintain a comprehensive HIV and AIDS monitoring and
evaluation program that shall serve the following purposes:

(a) Determine and monitor the magnitude and progression of HI V and AIDS in the
( province to help the provincial government evaluate the adequacy and efficacy of
HIV prevention and treatment programs being employed;
~,
\ ,~ (b) Receive, collate, process, and evaluate all HIV and AIDS-related medical reports
\ \--- from all hospitals, clinics, laboratories and testing centers, including HIV -related
deaths and relevant data from public and private hospitals, various databanks or
information systems: Provided, That it shall adopt a coding system that ensures
anonymity and confidentiality; and
(c) Submit, through its Secretariat, an annual report to the CNARCC containing the
findings of its monitoring and evaluation activities in compliance with this mandate.

SECTION 30. DISCLOSURE TO PERSONS WITH POTENTIAL EXPOSURE TO

HIV. - Any person who, after having been tested, is found to be infected with HIV is strongly
encouraged to disclose this health condition to the spouse, sexual partners, and/or any perso
prior to engaging in penetrative sex or any potential exposure to HIV. A person living with HI
may seek help from qualified professionals including medical professionals, health workers, peer
educators, or social workers to support him in disclosing this health condition to one's partner or
spouse. Confidentiality shall likewise be observed. Further, the CHO, through the CNARCC,

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE

 shall establish an enabling environment to encourage newly tested HIV-positive individuals to
disclose their status to partners.

SECTION 31. DISCRIMINATORY ACTS AND PRACTICES. - The following

discriminatory acts and practices shall be prohibited:
(a) Discrimination in the Workplace. - The rejection of job application, termination
of employment, or other discriminatory policies in hiring, provision of employment
and other benefits, promotion or assignment of an individual solely or partially on the
basis of actual, perceived, or suspected HIV status;
(b) Discrimination in Learning Institutions. - Refusal of admission, expulsion,
segregation, imposition of harsher disciplinary actions, or denial of benefits or
services of a student or a prospective student solely or partially on the basis of actual,
perceived, or suspected mv status;
(c) Restrictions on Shelter. -Restrictions on housing or lodging, whether permanent
or temporary solely or partially on the basis of actual, perceived, or suspected mv
status;
(d) Prohibition from Seeking or Holding Public Office. - Prohibition on the right to
seek an elective or appointive public office solely or partially on the basis of actual,
perceived, or suspected HIV status;
(e) Exclusionfrom Credit and Insurance Services. -Exclusion from health, accident
or life insurance, or credit and loan services, including the extension of such loan or
insurance facilities, of an individual solely or partially on the basis of actual,
perceived, or suspected HIV status: Provided, That the PLHIV has not concealed or
misrepresented the fact to the insurance company or loan credit service provider upon
application;
(f) Discrimination in Hospitals and Health Institutions. - Denial of health services, or
being charged with a higher fee, on the basis of actual perceived, or suspected HIV
status is a discriminatory act and is prohibited;
(g) Act of Bullying. - Bullying in all forms, including name-calling, upon a person
based on actual, perceived, or suspected HIV status, including bullying in social
medial and other online portals; and
(h) Other similar or analogous discriminatory acts.

SECTION 32. DECLARATION OF INTERNATIONAL AIDS CANDLELIGHT

MEMORIAL AND WORLD AIDS DAY. - The month of May is hereby declared as HIV and
AIDS awareness month to coincide with the commemoration for persons living with HIV and \
AIDS who died due to the virus. Likewise, HIV and AIDS awareness should culminate on the
month of December as declared by the World Health Organization (WHO) as World AIDS Day
every December 1.

SECTION 33. PENAL TIES. - Violation of any of the provision of this Ordinance or of
any rules and regulations issued there under shall be punished by imprisonment of not less than ~
six (6) months but not more than one (1) year or a fine of not less than Three Thousand Pesos
) (Php3,OOO.OO) but not more than Five Thousand Pesos (php5,OOO.OO), or both at the discretion of
the court.

SECTION 34. APPROPRIATIONS. - There is hereby appropriated the initial amount

of Five Hundred Thousand Pesos (Php500,OOO.OO) for the operation of the Council and for the
implementation of its policies and programs, subject to availability of funds.

~ The City Budget Office, in coordination with the City Treasurer's Office and the CHO,
and other relevant government agencies, shall consider the incidence of HIV and AIDS, in
determining the annual appropriations for the implementation of this Ordinance in accordance
with the AIDS SETUP. A separate budget item in the annual appropriations of LGUs shall be
allocated for their action plans specified in this Ordinance.

The funding requirement needed to provide for the health insurance package and other -.....::~.••.
services of PLHIV as stated in Section 29 hereof shall be charged against the CSWDO's AICS
and medical assistance program (MAP) funds.

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE Page 12

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 The funding needed to upgrade or construct government administered HIV testing and
treatment centers shall be funded from the supplemental budget and GAD fund.

The funds to be appropriated for the operations of the CNARCC shall be a distinct and
separate budget item from the regular appropriation for the CHO, and shall be administered by
the City Health Officer. In no circumstances shall the appropriations, savings, and other
resources of the CNARCC be realigned to the programs and projects of the CHO or any other
government agency, unless such program or project is related to the implementation of the
provisions under this Ordinance.

SECTION 35. TRANSITORY PROVISION. - The personnel designated by the City

Government for the iSHINE Center must be absorbed as permanent personnel to fill the positions
of the Social Hygiene Clinic of the CRO. The personnel designated by the CHO and City
Government for the iSHINE Center under Section 11 of this Ordinance shall be absorbed as
permanent personnel to fill the position ofiSHINE as provided in this Ordinance.

SECTION 36. IMPLEMENTING RlJLES AND REGULATIONS. - Within thirty

(30) days from the effectivity of this Ordinance, the CNARCC shall promulgate the necessary
implementing rules and regulations for the effective implementation of the provisions of this
Ordinance.

SECTION 37. SEPARABILITY CLAUSE. -- The provisions of this Ordinance are

hereby declared to be separable, and in the event one or more of such provisions are held
unconstitutional, the remaining parts or provisions not affected shall remain in full force and
effect.

SECTION 38. REPEALING CLAUSE. - City Ordinance No. 2015-007, otherwise

known as the "City of Naga, Cebu Multi-Sectoral STD/AIDS Council" is hereby repealed.
Likewise, any inconsistent with the provisions of this Ordinance are hereby repealed, amended
or modified accordingly.

SECTION 39. EFFECTIVITY. - This Ordinance shall take effect immediately upon its
approval.

APPROVED UNANIMOUSLY this 11th day of December 2019 on motion of Hon.

Luzminda R. Lapitan, seconded by Hon. Justino L. Dakay.

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ATTESTED BY:

APPROVED BY:

ORDINANCE NO. 2019-10 HIV AND AIDS RESPONSE Page 13