You are on page 1of 77

Republic of the Philippines

REGION XII
Province of Cotabato
Municipality of Tulunan
OFFICE OF THE SANGGUNIANG BAYAN
2/F Municipal Hall, Jose Abad Santos St., Poblacion, Tulunan, Cotabato, PHL 9403
Email: sbtulunan@yahoo.com

EXCERPT FROM THE MINUTES OF THE 18 TH REGULAR SESSION OF THE 19 TH


SANGGUNIANG BAYAN OF TULUNAN, COTABATO HELD AT THE
SANGGUNIANG BAYAN SESSION HALL, MUNICIPAL BUILDING, TULUNAN,
COTABATO ON NOVEMBER 17, 2022 AT 10:17 IN THE MORNING.

PRESENT:
Hon. Abraham L. Contayoso -Vice Mayor/Presiding Officer
Hon. Lee Roy V. Villasor -SB Member
Hon. Robert Pio B. Peñafiel -SB Member
Hon. Ronel M. Acollador -SB Member
Hon. Joan T. Villamor -SB Member
Hon. Claire L. Palma -SB Member
Hon. Rogie P. Lantoria -SB Member
Hon. Nestor T. Ta-asan -SB Member
Hon. Efryl E. Murillo -SB Member
Hon. Samuel M. Laman -Municipal IPMR
Hon. Niko A. Delos Santos -SKMF President

ABSENT:
Hon. April P. Palomo -LnB President (O.B.)

RESOLUTION NO. 385


(s. 2022)

RESOLUTION ENACTING AN ORDINANCE APPROVING THE


2022 REVISED GENDER AND DEVELOPMENT (GAD) CODE OF
THE MUNICIPALITY OF TULUNAN, PROVINCE OF COTABATO.

WHEREAS, the Municipal Government of Tulunan through the Sangguniang


Bayan enacted Ordinance No. 051, series of 2013, otherwise known as the “Gender and
Development (GAD) Code of Tulunan”, with the end view to uphold and promote gender
equality and women empowerment within the government policies and services;

WHEREAS, nearly after a decade of implementation of various GAD programs,


projects and activities in the municipality, issues and concerns were encountered because
of the new developments in gender advocacy;

WHEREAS, some provisions of the said ordinance have become irrelevant and
need to be updated because of new GAD-related laws that have been enforced;

WHEREAS, in consideration with these new developments in gender advocacy,


the Sangguniang Bayan deems it necessary to enact the revised GAD Code of the
municipality which shall cover and govern the enforcement and implementation of all
national laws, rules and regulations pertaining to gender and development;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 1 of 77
WHEREFORE, on motion of Honorable Efryl E. Murillo, seconded by all
Sangguniang Bayan Members present, the Body:

RESOLVED, as it is hereby resolved, to enact;

ORDINANCE NO. 126-2022

AN ORDINANCE APPROVING THE 2022 REVISED GENDER AND


DEVELOPMENT (GAD) CODE OF THE MUNICIPALITY OF
TULUNAN, PROVINCE OF COTABATO.

Sponsor: Committee on Social Welfare, Gender and Development, Women and Family

Be it enacted by the Sangguniang Bayan of Tulunan, Province of Cotabato, that:

CHAPTER I – GENERAL PROVISIONS

ARTICLE I
TITLE, POLICY, AND PRINCIPLES

Section 1. TITLE. This Ordinance shall be known and cited as the 2022 Revised
Gender and Development (GAD) Code of Tulunan, hereinafter referred to as the “Code”.

Section 2. DECLARATION OF POLICY. The Municipal Government of


Tulunan shall endeavor to develop GAD-responsive measures and implement plans,
programs and activities which shall, among others:
a. Pursue equal opportunities, enjoyment and access to resources, benefits
and privileges;
b. Intensify efforts to recognize, respect and protect all human rights
especially those of the marginalized sectors from all forms of discrimination,
violence and injustices; and
c. Ensure the full integration of women concerned and the marginalized
sectors in the mainstream of development, thus, attaining their fullest
potentials and capabilities.

Section 3. OPERATIVE PRINCIPLES. The formulation and implementation of


policies, measures, plans, and programs this Code espouses shall be anchored on the
following operative principles:
a. There shall be organized and established institutional mechanisms in the
Municipality and Barangay levels that will lead in enforcing and
implementing the provisions of this Code;
b. An allocation of not less than 5% of the Municipality’s total Annual Budget
shall be appropriated to ensure effective implementation of services,
programs, and projects under this Code. The GAD budget, which is the cost
of implementing the GAD plan shall form part of and is not in addition to the
municipal government’s Annual Budget;
c. Cooperation and complementation between and among government agencies,
and civil society organizations (CSO) and private sector entities shall be
encouraged and supported in order to consolidate efforts and resources
towards achieving the essence of Gender and Development (GAD) in
Tulunan; and
d. Effective monitoring and evaluation tools shall be developed to ensure that
plans, services, programs, and projects are gender responsive and friendly and
that they are properly implemented.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 2 of 77
ARTICLE II
MANDATES, PHILOSOPHIES, AND OBJECTIVES

Section 4. MANDATES AND FRAMEWORKS. Pursuant to Section 16 of


Republic Act No. 7160, otherwise known as the Local Government Code of 1991, the
Municipal Government of Tulunan shall exercise the powers expressly granted, those
necessarily implied therefrom, and those which are necessary, appropriate, or incidental
to efficient and effective governance, and those which are essential in promoting the
general welfare.

In the exercise of the aforesaid mandates, the Municipality observes, abides by,
and complies with the following national and international mandates and policies,
programs and frameworks concerning GAD:

a. Section 14, Article II of the 1987 Constitution which provides that


“The State recognizes the role of women in nation-building, and shall ensure
the fundamental equality before the law of women and men.” Section 14,
Article XIII of the same law, also provides that the State “. . . shall protect
working women by providing safe and healthy working conditions, taking into
account their maternal functions, and such facilities and opportunities that
will enhance their welfare and enable them to realize their full potential in
the service of the nation.”

b. Section 11, Article XIII of the 1987 Constitution which recognizes


women’s special health needs.

c. Republic Act No. 7160 or the Local Government Code of 1991 which
mandates LGUs to promote the general welfare and provide basic services
and facilities to constituents.

d. 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 (5%) of their yearly budget,
otherwise known as the GAD Budget.

e. Executive Order (EO) 273 which directs all government agencies to


“institutionalize GAD efforts in government by incorporating GAD concerns
in their planning, programming and budgeting processes. It also mandates
agencies to incorporate and reflect GAD concerns in their agency
performance commitment contracts, annual budget proposals and work and
financial plan.

f. Joint Circular No. 2013-1 of the Department of Budget and


Management, National Economic Development Authority and the
National Commission on the Role of Filipino Women which provides for
the Guidelines on the Localization of the Magna Carta of Women.

g. Civil Service Commission Memorandum Circular No. 12, series of


2005 which encourages all heads of Constitutional Bodies, Department,
Bureaus, Offices and agencies of the national government, local government
units, state universities and colleges, government owned and/or controlled
corporations the use of non-sexist language in all its official documents,
communications and issuances.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 3 of 77
h. Philippine Plan for Gender Responsive Development (PPGD) 1995-
2025 which envisions a society that promotes gender equality and women’s
empowerment and upholds human rights, among other development goals.

i. Republic Act No. 9710 known as the “Magna Carta of Women”, is a


comprehensive women’s human rights law which seeks to eliminate
discrimination against women by recognizing, respecting, protecting,
fulfilling and promoting the rights of Filipino Women, especially the
marginalized sectors.

j. Republic Act No. 7192 known as Women in Development and Nation


Building Act of 1992 which promotes the integration of women as full and
equal partners of men in development and nation-building, allows women to
engage in economic activities even without their husbands’ consent, provides
resources for programs and activities for women, among others.

k. Sustainable Development Goals or Global Goals are collection of 17


interlinked global goals which were set up in 2015 by the United Nations
General Assembly designed to be a “blueprint to achieve a better and more
sustainable future for all” and are intended to be achieved by the year 2030.

l. CEDAW (1979) International Bill of Rights for Women – The United


Nations Convention on the Elimination of all forms of Discrimination
Against Women (CEDAW) is a treaty signed by the Philippines on July 15,
1980 and subsequently ratified on August 5, 1981 which made the country
legally bound to put its provisions into practice. The Convention defines
discrimination against women as “any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or
nullifying the recognition, enjoyment or exercise by women, irrespective of
their marital status, on the basis of equality of men and women, of human
rights and fundamental freedoms in the political, economic, social, cultural,
civil or any other fields.”

m. Republic Act No. 10354, otherwise known as Responsible Parenthood


and Reproductive Health Act of 2012. The law aims to empower the Filipino
people, especially women and youth, through informed choice and age- and
development- appropriate education. Further, the law guarantees access to
information, facilities and services most especially for the poor by ensuring
stable and sustainable reproductive health programs are in place through
partnerships between national and local governments in collaboration with
CSOs, basic sectors, academes and private sectors.

n. Beijing Platform for Action (BPA) – An international commitment


adopted during the Fourth World Conference of Women in 1995 which
identifies 12 areas of concerns and strategies and actions that world economy
must undertake, namely:
1) women and poverty;
2) education and training of 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;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 4 of 77
11) women and the environment; and
12) the girl-child. The BPA 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 concern in all aspects of sustainable development.

o. Other relevant National Laws and related International Declarations and


Local Policies such as:

Labor and Employment


1) Republic Act No. 6725, entitled, “An Act Strengthening the Prohibition
on Discrimination Against Women with Respect to Terms and Conditions
of Employment, Amending for the Purpose Article One Hundred Thirty-
Five of the Labor Code, as amended”;
2) Republic Act No. 6949, entitled, “An Act to Declare March Eight of
Every Year as a Working Special Holiday to be Known as National
Women's Day”;
3) Republic Act No. 7322, entitled, “An Act Increasing Maternity Benefits
in Favor of Women Workers in the Private Sector, Amending for the
Purpose Section 14-A of Republic Act No. 1161, as amended, and for
other Purposes”;
4) Republic Act No. 8282, entitled, “An Act Further Strengthening the
Social Security System thereby amending for this purpose, Republic Act
No. 1161, as amended, otherwise known as the Social Security Law”;
5) Republic Act No. 8187, entitled, “An Act Granting Paternity Leave of
Seven (7) Days with Full Pay to All Married Employees in the Private
and Public Sectors for the First Four (4) Deliveries of the Legitimate
Spouse with Whom He is Cohabiting and for other Purposes.”;
6) Republic Act No. 7688, entitled, “An Act Giving Representation to
Women in the Social Security Commission, Amending for the Purpose
Section 3 (A) of Republic Act No. 1161, as amended”;
7) Republic Act No. 7277, entitled, “An Act Providing for the
Rehabilitation, Self-Development and Self-Reliance of Disabled Person
and their Integration into the Mainstream of Society and for other
Purposes”;
8) Republic Act No. 10361, entitled, “An Act Instituting Policies for the
Protection and Welfare of Domestic Workers”;
9) Republic Act No. 8042, entitled, “An Act to Institute the Policies of
Overseas Employment and Establish a Higher Standard of Protection and
Promotion of the Welfare of Migrant Workers, their Families and
Overseas Filipinos in Distress, and for other Purposes”;
10) Republic Act No. 11210, entitled, “An Act Increasing the Maternity
Leave Period to One Hundred Five (105) Days for Female Workers with
an Option to Extend for an Additional Thirty (30) Days Without Pay, and
Granting an Additional Fifteen (15) Days for Solo Mothers, and for other
Purposes”;
11) Republic Act No. 8972, entitled, “An Act Providing for Benefits and
Privileges to Solo Parents and their Children, Appropriating Funds
Therefor and for other Purposes”;
12) Republic Act No. 9262, entitled, “An Act Defining Violence Against
Women and their Children, Providing for Protective Measures for
Victims, Prescribing Penalties Therefore, and for other purposes”
specifically, Section 43. Entitled to Leave;
13) Presidential Decree No. 442, Series of 1974, entitled, “A Decree
Instituting a Labor Code, Thereby Revising and Consolidating Labor and
Social Laws to Afford Protection to Labor, Promote Employment and
Human Resources Development and Ensure Industrial Peace Based on

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 5 of 77
Social Justice” as amended by Presidential Decrees Nos. 570-A, 626, 643,
823, 819, 856-A, 891, 1367, 1368, 1391, 1412, 1641, 1691, 1692, 1693,
1920, 1921, Mga Batas Pambansa Blg. 32, 70, 130 and 227 Executive
Orders Nos. 47, 111, 126, 179, 180, 203, 247, 251, 252, 307 and Republic
Acts Nos. 6640, 6657, 6715, 6725 and 6727.

Socio-Economic and Welfare


1) Republic Act No. 6972, entitled, “An Act Establishing a Day Care
Center in every Barangay, Instituting therein a Total Development and
Protection of Children Program, Appropriating Funds Therefor, and for
other Purposes”;
2) Republic Act No. 7882, entitled, “An Act Providing Assistance to
Women Engaging in Micro and Cottage Business Enterprises, and for
Other Purposes”;
3) Republic Act No. 9502, entitled, “An Act to Promote Entrepreneurship
by Strengthening Development and Assistance Programs to Micro, Small
and Medium Scale Enterprises, Amending for the Purpose Republic Act
No. 6977, as amended, otherwise known as the “Magna Carta for Small
Enterprises” and for other Purposes”;
4) Republic Act No. 8425, entitled, “An Act Institutionalizing the Social
Reform and Poverty Alleviation Program, Creating for the Purpose the
National Anti-Poverty Commission, Defining its Powers and Functions,
and for other purposes”;
5) Republic Act No. 8972, entitled, “An Act Providing for Benefits and
Privileges to Solo Parents and their Children, Appropriating Funds
Therefor and for other Purposes”;
6) Republic Act No. 7432, entitled, “An Act to Maximize the Contribution
of Senior Citizens to Nation Building, Grant Benefits and Special
Privileges and other Purposes”;
7) Republic Act No. 7876, entitled, “An Act Establishing a Senior Citizens
Center in all Cities and Municipalities of the Philippines, and
Appropriating Funds Therfore”;
8) Republic Act No. 9442, entitled, “An Act Amending Republic Act No.
7277, Otherwise Known as the “Magna Carta for Disabled Persons, and
for other Purposes”;
9) Republic Act No. 10121, entitled, “An Act Strengthening the Philippine
Disaster Risk Reduction and Management System, Providing for the
National Disaster Risk Reduction and Management Framework and
Institutionalizing the National Disaster Risk Reduction and Management
Plan, Appropriating Funds Therefor and for other Purposes”;
10) Republic Act No. 10070, entitled, “Establishing Institutional Mechanism
to Ensure the Implementation of Programs and Services for Persons with
Disabilities in Every Province, City and Municipality, amending Republic
Act No. 7277, Otherwise Known as the Magna Carta for Disabled
Persons, as amended, and for other Purposes”;
11) Batas Pambansa Blg. 344, entitled, “An Act to Enhance the Mobility of
Disabled Persons by Requiring Certain Buildings, Institutions,
Establishments and Public Utilities to Install Facilities and other
Devices”;
12) Republic Act No. 9710, entitled, “An Act Providing for the Magna Carta
of Women” specifically Chapter IV, Section 17, “Women’s Right to
Health” item No. 6; and, Section 18, “Special Leave Benefits for
Women”;
13) Republic Act No. 11148 otherwise known as “Kalusugan at Nutrisyon ng
Magnanay Act”. Generally, the policy aims to scale up nutrition
intervention programs in the first one thousand (1000) days of a child’s

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 6 of 77
life, and allocate resources in the sustainable manner to improve the
nutritional status and address the malnutrition of infants and young
children from zero (0) to two (2) years old, adolescent females, pregnant,
and lactating women to ensure growth and development of infants and
young children. This will provide a comprehensive, sustainable,
multisectoral strategies and approaches to address health and nutrition
problems of newborns, infants and young children, pregnant and lactating
women, and adolescent females by providing policy environment,
evidence-based nutrition interventions, and institutionalized first 1000
days program in all development plans of both the national and local
government;
The policy also mandates the Department of Health, the National
Nutrition Council, Department of Agriculture, in coordination with other
national government agencies, local government units, civil society
organizations, and other stakeholders to create the implementing rules and
regulation of the policy. It shall cover all nutritionally-at-risk population,
with focus on pregnant and lactating women, all Filipino children who are
newly born up to two years of age. The policy should also prioritized
population living in geographically isolated and disadvantaged areas
(GIDAs), unserved and underserved communities such as the indigenous
people, areas with high prevalence of malnutrition, persons in the
vulnerable sectors, and those communities affected by a crisis or arm
conflict;
14) Republic Act No. 7719, also known as the National Blood Services Act
of 1994, provides for the promotion of voluntary blood donation by well-
meaning and responsible citizenry by instilling public consciousness that
blood donation is precisely a humanitarian act.

VAWC and Gender-Based Harassment


1) Republic Act No. 7610, entitled, “An Act Providing for Stronger
Deterrence and Special Protection Against Child Abuse, Exploitation and
Discrimination, Providing Penalties for its Violation and for other
Purposes”;
2) Republic Act No. 6955, entitled, “An Act to Declare Unlawful the
Practice of Matching Filipino Women for Marriage to Foreign Nationals
on a Mail Order Basis and Other Similar Practices, Including the
Advertisement, Publication, Printing or Distribution of Brochures, Fliers
and other Propaganda Materials in Furtherance Thereof and Providing
Penalty Therefore”;
3) Republic Act No. 7877, entitled, “An Act Declaring Sexual Harassment
Unlawful in the Employment, Education or Training Environment, and
for other Purposes”;
4) Republic Act No. 11313, entitled, “An Act Defining Gender-Based
Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and
Educational or Training Institutions, Providing Protective Measures and
Prescribing Penalties Therefor”;
5) Republic Act No. 8353, entitled, “An 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”;
6) Republic Act No. 8505, entitled, “An Act Providing Assistance and
Protection for Rape Victims, Establishing for the Purpose a Rape Crisis
Center in Every Province and City, Authorizing the Appropriation of
Funds Therefor, and for other Purposes”;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 7 of 77
7) Republic Act No. 9262, entitled, “An Act Defining Violence Against
Women and their Children, Providing for Protective Measures for
Victims, Prescribing Penalties Therefore, and for other Purposes”;
8) Republic Act No. 9208, entitled, “An Act to Institute Policies to
Eliminate Trafficking in Persons Especially Women and Children,
Establishing the Necessary Institutional Mechanisms for the Protection
and Support of Trafficked Persons, Providing Penalties for its Violations,
and for Other Purposes” as amended by Republic Act No. 10364;
9) Republic Act No. 10627, entitled, “An Act Requiring All Elementary and
Secondary Schools to Adopt Policies to Prevent and Address the Acts of
Bullying in their Institutions”;
10) Republic Act No. 9344, entitled, “An Act Establishing a Comprehensive
Juvenile Justice and Welfare System, Creating the Juvenile Justice and
Welfare Council Under the Department of Justice, Appropriating Funds
Therefor and for other Purposes”;
11) Republic Act No. 9775, entitled, “An Act Defining the Crime of Child
Pornography, Prescribing Penalties Therefor and for other Purposes”;
12) Republic Act No. 9995, entitled, “An Act Defining and Penalizing the
Crime of Photo and Video Voyeurism, Prescribing Penalties Therefor,
and for other Purposes”;
13) Republic Act No. 10175, entitled, “An Act Defining Cybercrime,
Providing for the Prevention, Investigation, Suppression and the
Imposition of Penalties Therefor and for other Purposes”;
14) Republic Act No. 10630, entitled, “An Act Establishing a
Comprehensive Juvenile Justice and Welfare system and Welfare
Council”;
15) Republic Act No. 8980, entitled, “An Act Promulgating a
Comprehensive Policy and a National System for Early Childhood Care
and Development (ECCD), Providing Funds Therefor and for other
Purposes”;
16) Republic Act No. 8371, entitled, “An Act to Recognize, Protect and
Promote the Rights of Indigenous Cultural Communities/Indigenous
Peoples, Creating a National Commission on Indigenous Peoples,
Establishing Implementing Mechanisms, Appropriating Funds Therefor,
and for other Purposes”;
17) Republic Act No. 7438, entitled, “An Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial Investigation as well as the
Duties of the Arresting, Detaining and Investigating Officers, and
Providing Penalties for Violations Thereof”;
18) Republic Act No. 11313, otherwise known as Safe Spaces Act, or
popularly known as “Bawal Bastos Law” – which defines gender-based
sexual harassment in streets and public spaces, and mandating LGUs for
the proper enforcement of the same;
19) Republic Act No. 10627, otherwise known as the Anti-Bullying Act of
2013;
20) Republic Act No. 9442, entitled, “An Act providing protection for PWDs
against public ridicule and vilification by any individual, group or
community who could intimidate or result in loss of self-esteem of the
former.

Section 5. PHILOSOPHIES. The imperatives of Gender and Development


(GAD), as embodied in this Code, are hinged on the following philosophies:

a. Human rights are universal and inalienable, to which all peoples in the world
are entitled to. The universality of human rights is encompassing as stated in

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 8 of 77
Article 1 of the Universal Declaration of Human Rights, “All human beings
are free and equal in dignity and rights”.

b. Human rights are indivisible. They are inherent to the dignity of every human
being whether they relate to civil, cultural, economic, political, or social
concerns.

c. All human beings are equal by virtue of their inherent dignity as persons. No
one, therefore, should suffer discrimination on the basis of ethnicity,
language, race, color, gender, sexual orientation, age, religion, political
opinions, or other status based on human rights standards.

d. Gender and Development (GAD) is a development perspective that


recognizes the legitimacy of gender equality as a fundamental value and
should be reflected in development choices. The GAD is a critical lens with
which to view roles and relationships. It questions society’s social, economic,
and political structures and the validity of gender roles ascribed to women
and men.

e. GAD recognizes that gender equality does not exist yet, and that there is an
imbalance in the status of women and men. It, thus, promotes positive bias
for women since they are more generally excluded or disadvantaged in
relation to social and economic resources, and in decision making. The
desired results of GAD are gender equality and women’s empowerment by
including women’s views and priorities in making decisions on development
processes and the setting of development goals.

f. Gender equality is the opposite of gender inequality, not of gender difference.


It is not synonymous with sameness much less does it establish male values,
lifestyle, standards, and outlook as norms. Gender equality has quantitative
and qualitative aspects. The quantitative aspect implies an equal distribution
of women and men in all areas of society such as education, work, recreation,
and positions of power. The qualitative aspect implies that the knowledge,
experiences, and values of both women and men are given equal weight and
used to enrich and direct all social areas and endeavors.

g. Gender equality is a development objective in its own right. It strengthens the


countries’ abilities to govern effectively, grow, and reduce poverty.
Promoting gender equality is, thus, an important part of development strategy
that seeks to enable all people – women and men alike – to escape from
poverty and improve their standard of living.

Section 6. OBJECTIVES. In the pursuit of development that is sustainable,


empowering, people-centered, just and humane, the Municipality shall observe, embrace
and abide by the principles, precepts and underlying philosophies of gender and
development.

This Code is aimed at providing the enabling parameters for the stringent
implementation, enforcement, observance and adherence to international declarations,
GAD-related laws, rules and issuances consistent with the true import and spirit of the
principles of human rights.

In pursuance of the United Nations Convention on the Elimination of All Forms


of Discrimination Against Women (UN-CEDAW) and other international conventions to
which the Philippines is a signatory, and the 1987 Philippine Constitution, the
Municipality shall promote, protect, and fulfill the following rights of women:

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 9 of 77
a. The right to good and quality education;
b. The right to comprehensive health services;
c. The right to access loans and other forms of financial credit;
d. The right to join leisure, sports and cultural activities;
e. The right to decide on the number of children and on the number of years
between pregnancies, in accordance with the Constitution;
f. The right to share in parenting activities;
g. The right to have equal access to jobs, benefits and social security;
h. The right to be paid equally based on the job they do;
i. The right to be free from all forms of physical, sexual, emotional, mental and
economic violence;
j. The right to be free from all forms of slavery and prostitution;
k. The right to vote, run for election and hold public office;
l. The right to represent the country internationally; and
m. The right to acquire, change or retain nationality and citizenship.

This Code is also promulgated to provide the Municipal Government of Tulunan


legal basis to chart its policies, services, programs, and projects towards the attainment of
GAD. Specifically, it aims to:
1) Mainstream gender and development in plans, programs, projects, services
and activities to address gender issues;
2) Integrate gender in planning processes and plans through the conduct of
gender analysis using sex-disaggregated data, including gender in project
management and design, and ensuring women’s participation in the
processes, such as through consultations;
3) Ensure that women and men equally contribute to and benefit from all
programs, projects and services of the municipality;
4) Institute affirmative actions for women as a critical necessary strategy to
enhance the participation of women, especially the marginalized;
5) Ensure the GAD-responsiveness of all plans, programs and projects;
6) Eliminate gender biases in all policies, systems and procedures, and maintain
these to be non-discriminatory and non-sexist;
7) Intensify awareness and education campaigns on gender issues and concerns
and how they should be mainstreamed in all aspects of governance and
community development;
8) Institutionalize the Municipal GAD Focal Point System – a mechanism with
the primary function of ensuring the development, implementation and
monitoring and evaluation of LGU GAD policies, programs and projects; and
such other mandates prescribed in the Magna carta of Women and its
concomitant rules and regulations;
9) Strengthen collaboration, cooperation, and complementation of government
and private sectors in maximizing efforts and resources and effectively
implement services and programs addressing GAD issues and concerns;
10) Encourage, support, and increase the participation of women and other
marginalized sectors in the planning, implementation, monitoring and
evaluation of development programs and projects;
11) Intensify implementation of social welfare programs with particular focus on
the marginalized/vulnerable sectors;
12) Institutionalize the Protocol on Violence against Women and Children
(VAWC) to ensure that victims/survivors are well taken cared of and to
assure speedy resolution of cases;
13) Establish a Crisis Intervention Center or Desk in the Municipality to
immediately attend to the needs of victims/survivors of violence and other
social conflicts;
14) Furthermore, this Code offers several possible uses:

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 10 of 77
1. As a guide to help the Municipality and stakeholders take a critical look at
the policy-making processes geared toward gender responsiveness;
2. As a tool to guide LGUs in prioritizing legislative measures that address
emerging GAD issues and concerns; and
3. As a reference on basic GAD concepts and on mainstreaming gender in
local governance.
15) Finally, this revised GAD Code further provides important prerequisites for the
realization of at least 5 of the 17 major goals of the 2030 Agenda for Sustainable
Development, namely:  
1. Poverty Eradication (Goal 1)
2. End Hunger (Goal 2)
3. Gender Equality (Goal 5)
4. Promotion of Inclusive and Sustainable Economic Growth, Full and
Employment and Decent Work for All (Goal 8)
5. Reduce Inequality (Goal 10)

ARTICLE III
RULES OF CONSTRUCTION AND TERMINOLOGIES

Section 7. RULES OF CONSTRUCTION. In interpreting the provisions of


this Code, the following rules of construction shall be observed:
a. GENERAL RULE. All words and phrases used in this Code shall be construed
and understood according to their common and approved usage. Technical and
other “new” words and phrases that may have acquired peculiar and particular
meaning in this Code are defined in the Definition of Terms and should be
understood according to their specific meaning and usage in this document.
b. PERSON. The word “Person” shall refer and extend to natural individual persons,
and to juridical persons such as registered cooperatives, associations,
organizations, and corporations that are conferred with rights and obligations
according to applicable laws.
c. SHALL and MAY. As used in this document, “Shall” is mandatory, and “May” is
permissive.
d. WORDS and PHRASES. Words and phrases used in this Code that are not
specifically defined shall have the same meaning and should be understood as
they are used in common public documents.

Section 8. DEFINITION OF TERMS. When used in this Code, the following


terms, and words and phrases shall mean:

a. Access – in the development context, access refers to the means or right to


obtain services, products and commodities. Using the Gender Equality and
Women’s Empowerment Framework, access to resources and services is an
objective of gender equality, while women’s mobilization to achieve equality
is an element of women’s empowerment.

b. Amakan – is an official print media platform of Tulunan as source of news


and information about the Municipality, its activities, and accomplishments
published on quarterly basis.

c. Battering – refers to the act of inflicting physical harm upon a person


resulting to physical and psychological or emotional distress.

d. Bullying – refers to any severe or repeated use by one or more students of a


written, verbal or electronic expression, or a physical act or gesture, or any
combination thereof, directed at another student that has the effect of actually
causing or placing the latter in reasonable fear of physical or emotional harm

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 11 of 77
or damage to his property; creating a hostile environment at school for the
other student; infringing on the rights of the other student at school; or
materially and substantially disrupting the education process or the orderly
operation of a school; such as:
1) Any unwanted physical contact between the bully and the victim like
punching, pushing, shoving, kicking, slapping, tickling, headlocks,
inflicting school pranks, teasing, fighting and the use of available
objects as weapons;
2) Any act that causes damage to a victim’s psyche and/or emotional
well-being;
3) Any slanderous statement or accusation that causes the victim undue
emotional distress like directing foul language or profanity at the
target, name-calling, tormenting and commenting negatively on
victim’s looks, clothes and body; and
4) Cyber-bullying or any bullying done through the use of technology or
any electronic means.

e. Care Work – work of looking after the physical, psychological, emotional


and developmental needs of one or more other people.

f. Child – any person under eighteen (18) years of age or eighteen (18) years of
age or over but who is unable to fully take care and protect oneself from
abuse, neglect, cruelty, exploitation or discrimination because of physical or
mental disability or condition.

g. Child At Risk – refers to a child who is vulnerable to and at the risk of


committing criminal offenses because of personal, family and social
circumstances, such as, but not limited, to the following:
1) Being abused by any person through sexual, physical, psychological,
mental, economic or any other means and the parents or guardian
refuse, are unwilling, or unable to provide protection for the child;
2) Being exploited including sexually or economically;
3) Being abandoned or neglected, and after diligent search and inquiry,
the parent or guardian cannot be found;
4) Coming from a dysfunctional or broken family or without a parent or
guardian;
5) Being out of school;
6) Being a street child;
7) Being a member of a gang;
8) Living in a community with a high level of criminality or drug abuse;
and
9) Living in situations of armed conflict (Republic Act No.9344).

h. Children In Crisis Situation – refers to indigent or poor children whose


parents/families are experiencing socio-economic crisis and are in dire need
of government assistance.

i. Community Mentoring, Strengthening Barangay Governance – this is a


program activity intended to enhance the knowledge and skills of Barangay
officials and other community leaders, incl. purok and sitio leaders, officers
of community organizations, traditional leaders and elders, and other
influential individuals, in the science and art of governance.

j. Cybercrime – may be defined as “Any unlawful act where computer or


communication device or computer network is used to commit or facilitate the
commission of a crime”.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 12 of 77
k. Differently-Abled Person – is a person with disabilities but still
psychologically, physically and socially functional.

l. Discrimination against Women – refers to any gender-based distinction,


exclusion, or restriction which has the effect or purpose of impairing or
nullifying the recognition, enjoyment, or exercise by women, irrespective of
their marital status, on a basis of equality of men and women, of human rights
and fundamental freedoms in the political, economic, social, cultural, civil, or
any other field (Republic Act No. 9710, Section 4b).

m. 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.

n. EreSkwela – this is a one-hour weekly radio program (the time and day to be
determined) over a local radio station based in Tulunan.

o. ESkwela – an inhouse study of the Sanggunian on basic legislation,


familiarization, popularization, revision and/or amendments of ordinances.

p. E-skwela – this program is particularly intended for governance leaders


(policy makers and duty bearers) – but also open to all interested individuals
or groups – who would like to learn and become literate on the use of
computers for data and information processing, and the internet for
communication, informational websites browsing, and professional research.

q. GAD Plan and Budget – is a systematic approach to gender mainstreaming,


carried out by all government instrumentalities, through the annual
development and implementation of programs, activities and projects and
addressing gender issues and concerns in their respective organizations,
sectors and constituencies by utilizing at least 5% of their total budget
allocation;

r. GAD Focal Point System – a mechanism created in all government agencies


and local government units (LGU) with the primary function of ensuring the
development, implementation and monitoring and evaluation of agency/LGU
GAD policies, programs and projects. It also serves as the advisory body on
GAD-related matters; leads in assessing the policies, strategies and programs
of agencies/LGUs with reference to the priority needs and concerns of
women in their area/sector and the performance vis-à-vis GAD-related targets
of their agency/LGU; generates statistics on the status of women personnel
and clients; and, establishes strong linkages and partnerships with NGOs/POs
that have integrated gender concerns in their institutions and promote their
participation in the development planning cycle.

s. GAD advocate – one who supports, defends, pleads or recommends active


espousal of gender and development principles, objectives and processes.

t. 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. They are created and
maintained by social institutions such as families, governments, communities,
schools, churches and media. Because gender certain roles, traits and
characteristics are assigned or ascribed distinctly and strictly to women or
men.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 13 of 77
u. Gender analysis – it is a tool to identify the status, roles and responsibilities
of women and men in society, as well as their access to and control of
resources, benefits and opportunities. It also refers to a framework to
compare the relative advantages and disadvantages faced by women and men
in various spheres of life, including the family, workplace, school,
community and political system. It also takes into account how class, age,
race, ethnicity, cultural, social and other factors interact with gender to
produce discriminatory results. It is a set of standards to judge the potential
impacts of gender on policies, programs and projects. It is a systematic way
of looking at the gender division of labor, and the access and control women
and men have over inputs or resources required for their labor, and their
benefits or outputs from it.

v. Gender awareness – refers to the 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.

w. Gender-based sexual harassments – crimes of gender-based sexual


harassments enumerated under Republic Act No.11313, otherwise known as
Safe Spaces Act, or popularly known as “Bawal Bastos Law”.

x. Gender equality – refers to the state wherein women and men enjoy the
same status and conditions and have equal opportunity for realizing their
potential to contribute to the political, economic, social and cultural
development of their countries.

y. Gender equity – it is a perspective which focuses beyond equal treatment. It


means 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.

z. Gender issues and concerns – refers to the issues, concerns and problems
arising from the distinct roles of women and men and the relationships
between them; It also refers to the 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.

aa. Gender mainstreaming – refers to a set of processes and strategies that aims
to ensure the recognition of gender issues on a sustained basis. It is an
assessment of the implications for women and men of planned government
actions such as policies, legislation, programs and projects. It is a strategy to
integrate women’s and men’s concerns and experiences in the design,
implementation, monitoring and evaluation of policies, programs and projects
in all political, economic and social agenda. It is an approach that situates
gender equality issues at the center of broad policy decisions, institutional
structures and resource allocations, and includes women’s views and
priorities in making decisions about development goals and processes.

bb. Gender and Development (GAD) – refers to the development perspective


and process that are participatory and empowering, equitable, sustainable,
free from violence, respectful of human rights, supportive of self-

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 14 of 77
determination and actualization of human potentials. It seeks to achieve
gender equality as a fundamental value that should be reflected in
development choices; seeks to transform society’s social, economic, and
political structures and questions the validity of the gender roles they ascribed
to women and men; contends that women are active agents of development
and not just passive recipients of development assistance; and stresses the
need of women to organize themselves and participate in political processes
to strengthen their legal rights.

cc. Gender-Based Violence (GBV) – is violence directed against a person


because of their gender. Both women and men experience gender-based
violence but the majority of victims are women and girls. There are different
kinds of violence, including (but not limited to) physical, verbal, sexual,
psychological, and socioeconomic violence. GBV includes:
1) domestic violence, sexual harassment, rape, sexual violence during
conflict and harmful customary or traditional practices such as female
genital mutilation, forced marriages and honour crimes;
2) trafficking in person, forced prostitution and violations of human rights
in armed conflict (in particular murder, rape, sexual slavery and forced
pregnancy);
3) forced sterilization, forced abortion, coercive use of contraceptives,
female infanticide and prenatal sex selection.

dd. Gender Bias – giving differential and selective treatment to individuals on


the grounds of gender, manifested by marginalizing, subordinating, and
imputing multiple burden or violence against women.

ee. Gender Discrimination – any distinction, exclusion, or restriction made on


the basis of a person’s gender.

ff. Gender Mainstreaming – refers to the strategy of making women’s and


men’s concerns and experiences integral dimensions of the design,
implementation, monitoring and evaluation of policies and programs in all
political, economic, and societal spheres so that women and men benefit
equally and that inequality is not perpetuated. It is the process of assessing
the implications for women and men of any planned action, including
legislation, policies, or programs in all areas and at all levels.

gg. Gender Responsive LGUs – with the issuance of the new Joint
Memorandum Circular 2013-01 by the Philippine Commission on Women
with the Department of the Interior and Local Government (DILG), National
Economic Development Authority (NEDA) and Department of Budget and
Management (DBM) last July 05, 2013, LGUs are expected to craft gender-
responsive policies, plans and programs that will respond to the economic,
political and socio-cultural rights and concerns of their constituents,
particularly those in the marginalized sectors. The said circular contains
comprehensive guidelines on the localization of Republic Act No. 9710 or the
Magna Carta of Women Act of 2009 (MCW), thus serve as impetus for many
LGUs to fully mainstream GAD concerns and illustrate good local
governance practices.

hh. Grassroots Women – refers to the sector recognized by the Municipality as


part of the marginalized sector (as defined by Magna Carta of Women).

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 15 of 77
ii. Gender Sensitivity – having an understanding of the marginalized position
of women and consciously challenging the attitudes and behaviors that
reinforce this subordinated status.

jj. Indigenous Cultural Communities/Indigenous Peoples (ICCs/IPs) – refer


to a group of people or homogenous societies identified by self-ascription
and ascription by others, who have continuously lived as organized
community on communally bounded and defined territory, and who have,
under claims of ownerships in time immemorial, occupied, possessed and
utilized such territories, sharing common bonds of language, customs,
traditions and other distinctive cultural traits, or who have, through resistance
to political, social and cultural inroads of colonization, nonindigenous
religions and cultures, became historically differentiated from the majority of
Filipinos. ICCs/IPs shall likewise include peoples who are regarded as
indigenous on account of their descent from the populations which inhabited
the country, at the time of conquest or colonization, or at the time of inroads
of nonindigenous religions and cultures, or the establishment of present state
boundaries, who retain some or all of their own social, economic, cultural
and political institutions, but who may have been displaced from their
traditional domains or who may have resettled outside their ancestral domains
(Republic Act No. 8371).

kk. Indigenous Peoples Structure (IPS) – refers to organizational and cultural


leadership systems, institutions, relationships, patterns and processes for
decision-making and participation, identified by ICCs/IPs such as, but not
limited to, Council of Elders, Council of Timuays, Bodong Holders, or any
other tribunal or body of similar nature;

ll. KomunEduAksyon – a short-cut of the words “Komunidad”, “Edukasyon”


at “Aksyon”, a local translation for Community Education. This
nomenclature, “KomunEduAksyon”, gives the program the unique local
identity that also carries with it the message of community participation and
transparency through various forms of community awareness-raising
informational and educational activities.

mm. Madaris – is the Arabic word for any type of educational institution, secular
or religious (of any religion), whether for elementary instruction or higher
learning. The word is variously transliterated Madrasah arifah, medresa,
madrassa, madraza, medrese, etc.

nn. Marginalization – refers to a condition where a whole category of people is


excluded from useful and meaningful participation in political, economic,
social, and cultural life (Republic Act No. 9710, Section 4c).

oo. Marginalized Sectors – refer to the basic, disadvantaged, or vulnerable


persons or groups who are mostly living in poverty and have little or no
access to land and other resources, and to basic social and economic services.
These marginalized sectors may include:
1) Subsistent Farmers and Fisherfolks
2) Indigenous Peoples
3) Moro
4) Workers in the Informal Economy
5) Urban Poor
6) Senior Citizens
7) Children and Out-of-School Youth
8) Solo Parents

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 16 of 77
9) Out-of-School Children/OSC, Out of School Youth/OSY
10) Persons with Disabilities and Differently Abled Persons
11) Poorest/indigent Individual, & Families
12) Internally Displaced Poor Persons/Families
13) Vulnerable Men (battered spouse/husband, sicked-PWD, abandoned,
orphaned)
14) Victims/Survivors of VAWC/Domestic Violence & other forms of
abuse, exploitation, and discrimination
15) Former Rebels/FRs
16) Persons who used dangerous drugs/reformists/PWUDs
17) Children in conflict with law, and minor offenders/CICL
18) Street Children/Children at Risks/CAR
19) Children and women in situations of armed conflicts
20) Children in Need of Special Protection (special children- autistic,
mentally challenged, PWD) and their guardians
21) Mentally Challenged Persons and their guardians
22) Women in Especially Difficult Circumstances (WEDC)
23) Other Vulnerable/Marginalized Sectors

pp. Minimum Initial Service Package (MISP) for Sexual and Reproductive
Health (SRH) – is a set of priority activities to be implemented in emergency
situations with the goal of reducing maternal mortalities, morbidities and
disabilities through specific interventions on coordination, prevention of
gender-based violence, prevention of sexually transmitted infections-human
immune deficiency virus/ acquired immune deficiency syndrome (STI, HIV
and AIDS), maternal and neonatal care, and planning for comprehensive RH
following the SPHERE standard. When implemented in the early days of an
emergency, it can save lives and prevent illness, especially among women
and girls.

Project SPHERE was initiated in 1997 by a group of humanitarian non-


governmental organizations and the International Red Cross and Red
Crescent Movement, the project identified a set of minimum standards in key
life-saving sectors such as WASH, food security, nutrition, non-food items,
health and shelter that must be achieved in any humanitarian response in
order for disaster-affected populations to survive and recover in stable
conditions with dignity.

qq. Municipality – refers to the Municipality of Tulunan or Municipal


Government of Tulunan.

rr. Municipal Library – a small office corner in the Municipal Hall where the
public can have easy access. It is equipped with bookshelves and cabinets for
the display and safekeeping of books and other reading materials.

ss. Persons with Disability – are survivors of physical impairments that define
and determine their differentiated needs and potentials.

tt. Photo or Video Voyeurism – as defined under Republic Act No. 9995,
means:
1) the act of taking a photo or video of a person/s performing a sexual act
or any similar activity without the latter's consent, under circumstances
where such person/s has/have a reasonable expectation of privacy;
2) capturing an image of the private area of a person/s without the latter's
consent, under circumstances where such person/s has/have a
reasonable expectation of privacy; or

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 17 of 77
3) the act of selling, copying, reproducing, broadcasting, sharing,
showing or exhibiting the photo or video of such sexual act or similar
activity through DVD, the internet, cellphones and similar means or
devices without the written consent of the person/s involved, even
though consent to record or take the photo or video was initially given.

uu. Pornography – refers to obscene or sexual acts, whether simulated or actual,


and lewd graphical presentations published cinematically, electronically or in
print aimed at the sexual gratification of the viewer or reader.

vv. Public Ridicule – refers to an act of making fun or contemptuous imitating or


making mockery of persons with disability whether in writing, or in words, or
in action due to their impairment/s.

ww. Reproductive Health (RH) – as defined in the International Conference on


Population and Development and World Health Organization, and affirmed in
the Beijing Conference, it is a state of complete physical, mental, and social
well-being and not merely the absence of disease and infirmity, in all matters
relating to the reproductive system and to its functions and processes. Similar
definition is introduced under Republic Act No. 10354, otherwise known as
Responsible Parenthood and Reproductive Health Act of 2012.

xx. Sex – refers to the natural distinguishing variable based on biological


characteristics of being a woman or a man. It refers to physical attributes
pertaining to a person’s body contours, features, genitals, hormones, genes,
chromosomes and reproductive organs.

yy. Sexism – the system and practice of discriminating against a person on the
basis of sex.

zz. 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.

aaa. Sexual Orientation, Gender Identity and Expression – Sexual orientation


describes a person’s enduring physical, romantic, and/or emotional attraction
to another person (for example: straight, gay, lesbian, bisexual) while gender
identity refers to one’s internal, personal sense of being a man or a woman (or
as someone outside of that gender binary) (GLAAD, n.d.). Gender expression
refers to the External appearance of one’s gender identity, usually expressed
through behavior, clothing, haircut or voice, and which may or may not
conform to socially defined behaviors and characteristics typically associated
with being either masculine or feminine.

bbb. Sex Roles – are those that are based on an occupation, such as being a
housewife, or a biological function, such as motherhood.

ccc. Sexual Violence – refers to an act which is sexual in nature, committed against a
woman or her child. It includes, but is not limited to: (a) 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 films
thereof, forcing the wife and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser; (b) acts causing or attempting to cause
the victim to engage in any sexual activity by force, threat of force, physical or

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 18 of 77
other harm or threat of physical or other harm or coercion; (c) prostituting the
woman or her child (Republic Act No. 9262, Section 3(a)B).

ddd. Senior citizens – refer to any resident citizen of the Philippines who are sixty
(60) years of age or above.

eee. Sex Trafficking – is a covert or overt recruitment of men, women, and


children into the sex trade industry. It includes new forms of sexual
exploitation such as sex tourism, the recruitment of domestic labor to work in
developed countries, and organized marriages between women from Third
World countries and foreign male nationals.

fff. Sexual Harassment – is a form of misconduct involving an act or a series of


unwelcome sexual advances, request for sexual favors, or other verbal and
physical behavior of sexual in nature made directly, indirectly, or impliedly.

ggg. Unmet Need – Unmet need for family planning is defined as the percentage
of women who do not want to become pregnant but are not using
contraception.

hhh. Unpaid Care Work – refers to all unpaid services provided within a
household for its members, including care of persons, housework and
voluntary community work (Elson, 2000).

iii. Vilification – refers to: (a) The utterance of slanderous and abusive
statements against a person with disability; and/or (b) An activity in public
which incites hatred towards, serious contempt for, or severe ridicule of
persons with disability.

jjj. Violence Against Women and their Children (VAWC) – 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 of such acts, battery, assault,
coercion, harassment or arbitrary deprivation of liberty (RA 9262).

kkk. Women as Sex Objects – a condition when women become things or


properties to be manipulated, utilized, or used for one’s sexual desires or
interests, usually in exchange for money or goods where women have no
control of power to reject such utilization or use.

lll. Women Empowerment – refers to a goal of and an essential process for


women’s advancement. It is the process and condition by which women
mobilize to understand, identify and overcome gender discrimination so as to
achieve equality in welfare and equal access to resources. In this context,
women become agents of development and not just beneficiaries enabling
them to make decisions based on their own views and perspectives.

mmm. Women’s Rights – the inalienable rights of women defined and declared by
the United Nations under the Convention on the Elimination and
Discrimination Against Women (CEDAW).

SECTION 9. ACRONYMS. The following acronyms shall be construed as:

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 19 of 77
1) ABTC Animal Bite Treatment Center
2) AFP-PA Armed Forces of the Philippines Philippine Army
3) AFHF Adolescent Friendly Health Facilities
4) AICS Assistance to Individuals in Crisis Situations
5) AIDS Acquired Immunodeficiency Syndrome
6) ALIVE Arabic Language and Islamic Value Education
7) ALS Alternative Learning System
8) ATA Anti-Terror Act
9) BASSiT Basura, Aso, Sanitasyon, Sigarilyo at Trapiko
10) BCPC Barangay Council for the Protection of Children
11) BESF Budget Expenditure and Sources of Financing
12) BEmONC Basic Emergency Obstetrics and Newborn Care
13) BHW Barangay Health Workers
14) BLGU Barangay Local Government Unit
15) BNS Barangay Nutrition Scholars
16) BPV Barangay Population Volunteers
17) BSPO Barangay Service Point Officers
18) BTL Bilateral Tubal Ligation
19) CAR Children at Risk
20) CBMS Community-Based Monitoring System
21) CC Cultural Communities
22) CDP Comprehensive Development Plan
23) CDW Child Development Worker
24) CEDAW Convention on the Elimination of All Forms of
Discrimination Against Women
25) CHLC Cultural Heritage Learning Center
26) CICL Children in Conflict with Law
27) CLUP Comprehensive Land Use Plan
28) CNSP Children in Need of Special Protection
29) CODI Committee on Decorum and Investigation
30) CSAC Children in Situations of Armed Conflict
31) CSAM Child Sexual Abuse Material
32) CSC Civil Service Commission
33) CSOs Civil Society Organizations
34) CSR Corporate Social Responsibility
35) CTO Compensatory Time Off
36) DAP Differently Abled Persons
37) DBM Department of Budget and Management
38) DepEd Department of Education
39) DFA Department of Foreign Affairs
40) DILG Department of Interior and Local Government
41) DMW Department of Migrant Workers
42) DOLE Department of Labor and Employment
43) DOST Department of Science and Technology
44) DOH Department of Health
45) DRRM Disaster Risk Reduction and Management
46) DSWD Department of Social Welfare and Development
47) DTI Department of Trade and Industry
48) ECARP Every Child a Reader Program
49) ECCD Early Childhood Care Development
50) EFA Education for All
51) ELA Executive-Legislative Agenda
52) EP Ecological Profile
53) ExeCom Executive Committee
54) FAITH Food Always in the Home
55) FAME-PIPS Free Access and Mandatory Education Program to

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 20 of 77
Increase Participation in Schools
56) FGD Focus Group Discussion
57) FPA Fertilizer and Pesticide Authority
58) FR Former Rebels
59) GAA General Appropriations Act
60) GAD Gender and Development
61) GFPS GAD Focal Point System
62) GeRL Gender Responsive LGU
63) GMEF Gender Mainstreaming Evaluation Framework
64) GOs Government Organizations
65) GOCC Government-Owned and Controlled-Corporation
66) GPB GAD Planning and Budgeting
67) GSIS Government Service Insurance System
68) HGDG Harmonized Gender and Development Guidelines
69) HIV Human Immunodeficiency Virus
70) HPV Human Papilloma Virus
71) ICPD International Conference on Population and
Development
72) IDP Internally Displaced Person
73) IEC Information and Education Campaign
74) IPEd Indigenous Peoples Education
75) IPs Indigenous Peoples
76) IPS Indigenous Peoples Structure
77) IPRA Indigenous People Republic Act
78) IRR Internal Rules and Regulations
79) IUD Intra-Uterine Device
80) JJWC Juvenile Justice and Welfare Council
81) JMC Joint Memorandum Circular
82) LCAT-VAWC Local Council for Anti-Trafficking and Violence
Against Women and their Children
83) LCE Local Chief Executive
84) LCPC Local Council for the Protection of Children
85) LEP Local Expenditure Program
86) LFC Local Finance Committee
87) LGBTQIA Lesbian, Gay, Bisexual, Transgender, Queer or
Questioning, Intersex, Asexual
88) LGPMS Local Governance Performance Management System
89) LGU Local Government Unit
90) LMMC Local Media Monitoring Council
91) MAP-PVE Municipal Action Plan on Preventing Violent
Extremism
92) MC Memorandum Circular
93) MCCA Municipal Crisis Intervention Center
94) MCIC Municipal Council for Culture and the Arts
95) MCPC Municipal Council for the Protection of Children
96) MCW Magna Carta of Women
97) MDRRMC/O Municipal Disaster Risk Reduction and Management
Council/Office
98) MESOT Mentoring and Evaluation System, and Overview
Team
99) MISP Minimum Initial Service Package
100) MMMB Municipal Media Monitoring Board
101) NDSP National Dietary Supplementation Program
102) NEDA National Economic and Development Authority
103) NGA National Government Agency
104) NHTS-PR National Household Targeting System for Poverty

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 21 of 77
Reduction
105) NGO National Government Organization
106) NSCB National Statistical Coordination Board 
107) NSO National Statistics Office
108) ODA Overseas Development Assistance
109) OFW Overseas Filipino Workers
110) OHRMO Office of the Human Resource and Management
Officer
111) OMHO Office of the Municipal Health Officer
112) OMCR Office of the Municipal Civil Registrar
113) OMPDC Office of the Municipal Planning and Development
Coordinator
114) OMSWDO Office of the Municipal Social Welfare and
Development Officer
115) OSCA Office of the Senior Citizen’s Affairs
116) OSY Out of School Youth
117) OWWA Overseas Workers Welfare Administration
118) PCW Philippine Commission on Women
119) PD Presidential Decree
120) PDAO Persons with Disabilities Affairs Office
121) PDPFP Provincial Development and Physical Framework
Plan
122) PEP Post Exposure Prophylaxis
123) PESO Public Employment Service Office
124) PHIC Philippine Health Insurance Corporation
125) PMCS Pre-Marriage Counseling and Seminars
126) PNP-WCPDO Philippine National Police Women and Children
Protection Desk Officer
127) PODO Public OFW Desk Officer
128) POEA Philippine Overseas Employment Administration
129) PopCom Population Commission
130) PPAs Programs, Projects and Activities
131) PPGD Philippine Plan for Gender-Responsive Development
132) PPP Public-Private Partnership
133) PWD Person with Disability
134) PWUD Persons who Used Drugs
135) PZC Peace Zone Community
136) RH Reproductive Health
137) RTI Reproductive Tract Infection
138) SC Senior Citizen
139) SDG Sustainable Development Goals
140) SLT School of Living Tradition
141) SPES Special Program for the Employment of Students
142) SRH Sexual and Reproductive Health
143) SSS Social Security System
144) STI Sexually Transmittable Infections
145) TAHPA Tulunan Animal Health Provider Association
146) TCDC Tulunan Community Development Center
147) TESDA Technical Education and Skills Development
Authority
148) TPIST Tulunan Peace Institute of Science and Technology
149) TRIPP Tribal Peace Patrollers
150) TuLCAP Tulunan College Assistance Program
151) TuLip Tulunan Lingap Program
152) TWG Technical Working Group
153) UN-CEDAW United Nation-Convention on the Elimination of All

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 22 of 77
Forms of Discrimination Against Women
154) VAWC Violence Against Women and their Children
155) VPEL Vocational Prep and Enterprise Literacy
156) WCC Women and Children Center
157) WCPD Women and Children Protection Desk
158) WEDC Women in Especially Difficult Circumstances
159) Y4PM Youth for Peace Movement
160) ZOD Zero Open Defecation

CHAPTER II
REPRODUCTIVE HEALTH

ARTICLE I
WOMEN’S HEALTH

Section 10. POLICY. No person shall be denied of basic health services,


especially during emergency situations, and health care for the reason of poverty and/or
financial constraint. Quality gender-fair, responsive and culture sensitive health care
services shall be implemented and primary health care delivery shall be strengthened in
the context of reproductive health.

Section 11. WOMEN’S HEALTH AND REPRODUCTIVE RIGHTS. The


Municipality recognizes the following Women’s Health and Reproductive rights:

a. Access to affordable and adequate health care without discrimination that


takes into account their cultural beliefs and practices;

b. Access prevention and treatment services which include among others:


1) Accurate information about HIV transmission;
2) Free decision whether or when to get pregnant espousing women’s
rights over their bodies;
3) Treatment from sexually transmitted infections and tract illnesses, such
as myoma or cervical cancer caused by human papilloma virus (HPV).

Section 12. SEXUAL REPRODUCTIVE HEALTH RIGHTS. The


Municipality shall uphold the 12 Sexual and Reproductive Rights of Persons adopted
during the International Conference on Population and Development (ICPD) in Cairo,
Egypt in 1994, such as the rights to:
a. life;
b. liberty;
c. security of the person;
d. equality and be free from all forms of discrimination;
e. privacy (freedom of thought);
f. information and education;
g. choose whether or not to marry and to found and plan a family;
h. decide whether or when to have children;
i. health care and health protection;
j. benefits of scientific progress;
k. freedom of assembly and political participation; and
l. be free from torture and ill-treatment.

Section 13. RESPONSIBLE PARENTHOOD AND REPRODUCTIVE


HEALTH CARE. Pursuant to “The Responsible Parenthood and Reproductive Health
Act of 2012″ (RA 10354). Reproductive health care refers to the access to a full range of
methods, facilities, services and supplies that contribute to reproductive health and well-
being by addressing reproductive health-related problems.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 23 of 77
To this end, the Municipality shall pursue programs on responsible parenthood
and reproductive health care, viz:
a. Family planning information and services which shall include as a first
priority making women of reproductive age fully aware of their respective
cycles to make them aware of when fertilization is highly probable, as well as
highly improbable;
b. Maternal, infant and child health and nutrition, including breastfeeding;
c. Proscription of abortion and management of abortion complications;
d. Adolescent and youth reproductive health guidance and counseling;
e. Prevention, treatment and management of reproductive tract infections
(RTIs), HIV and AIDS and other sexually transmittable infections (STIs);
f. Elimination of violence against women and children and other forms of
sexual and gender-based violence;
g. Education and counseling on sexuality and reproductive health;
h. Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders;
i. Male responsibility and involvement and men’s reproductive health;
j. Prevention, treatment and management of infertility and sexual dysfunction;
k. Reproductive health education for the adolescents:

1) ADOLESCENT AND YOUTH HEALTH DEVELOPMENT


PROGRAM. In partnership with the Department of Education, both
public and private schools, together with other concerned agencies and
NGOs, the Local Government shall ensure the health and safety of the
adolescent and youth while allowing them to learn and grow into well-
informed, empowered, responsible and healthy citizens through
Healthy Young Ones activity on the following key areas with
corresponding objectives stated below:

Areas:
a.) Puberty;
b.) reproductive system;
c.) menstruation;
d.) gender and health reproduction and responsibility;
e.) sexually transmitted infections; and
f.) HIV and AIDS

Objectives:
a.) To provide critical health information to adolescents;
b.) To promote meaningful participation, elicit positive values and
attitudes towards adolescent sexual reproductive health; and
c.) To develop life skills.

2) ADOLESCENT FRIENDLY HEALTH FACILITIES (AFHF)


AND TEEN CENTERS. The Municipality shall support the
establishment of AFHF in every barangay and school. It is a
confidential place where young people can vent their problems and get
support from caring professionals.

3) COMPREHENSIVE MENTAL HEALTH PROGRAM. There


shall be an institutionalized Comprehensive Mental Health Program
that aims to provide awareness about mental health and mental
disorders at the community level through education campaign, skills
building, empowerment and trainings of trainers for health workers

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 24 of 77
and other stakeholders so they can be equipped to advocate for mental
health in their own community.

To this end, The Municipality shall support and sustain the prevention,
management, treatment and intervention of mental health problems such as provision of
free maintenance medications, clinical and psychosocial intervention such as counseling,
motivational enhancement, case management, care coordination, psychotherapy and
relapse prevention by a Psychiatrist at least once in every quarter with an honorarium.

Section 14. WOMEN’S RIGHT OVER THEIR BODIES. Women’s


decision to prevent and control pregnancy without necessarily resulting to abortion
shall be given appropriate support and guidance.

Section 15. PRIMARY AND REPRODUCTIVE HEALTH CARE


SERVICES. Quality health care services shall be accessible, available, affordable,
sustainable and are not discriminatory on account of their age, gender, sex, creed,
religion and ethnicity be implemented in the municipality.

The Municipality, through the MHO, shall implement a responsive and


gender-sensitive reproductive health program and services which all citizens,
especially the women, shall have access to. Thus, no health facility (public or private
hospitals, clinics, or health centers) within the Municipality’s jurisdiction shall deny
or refuse reproductive health service to any person due to poverty, financial
constraint, or other reasons. A Certificate of Residency shall be issued by the Punong
Barangay and Certificate of Indigence/Certificate of Eligibility shall be issued by the
MSWDO for the purpose of verification and qualification for government assistance.

The Municipality’s reproductive health services shall have the following


strategic components:
a. Improved access for women to reproductive health information and
education, contraceptive information and advice, and informed use of
contraception technologies. Women should have control over fertility
decisions, and decisions to control and prevent pregnancy without
resorting to abortion, further strengthens proper direction of the
reproductive health system.
b. Increased access of women and men to reproductive health commodities.
The Municipality shall ensure logistical support for Family Planning and
Responsible Parenthood as the means to improving the quality of life of
every family in Tulunan. To ensure this, Reproductive Health commodities
such as pills, IUD (intra-uterine device), Depo-Provera, BTL (bilateral
tubal ligation), vasectomy, and others shall be made available and
accessible for the responsible use of families in the Municipality.

Section 16. HEALTH CARE DELIVERY SYSTEM TO PREGNANT


WOMEN AND NEWBORNS. Considering that health is a basic right of every citizen,
the Municipality shall exercise its inherit mandate in promoting maternal and child care
to ensure adequate and affordable basic emergency obstetric and newborn care especially
on cases of high risk pregnancy.

Further, the Municipality shall encourage and promote within its jurisdiction a
facility-based delivery system in consonance with health standards set by the Department
of Health and other applicable laws to guarantee access to safe, affordable and quality
basic emergency obstetric care to pregnant mothers and newborns. As such the
Municipality shall ensure, among others that:
a. Newborn screening is actively advocated;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 25 of 77
b. Traditional Birth Attendants shall not be allowed to handle home deliveries,
but to refer pregnant women to Licensed skilled Birth Attendants in DOH-
Accredited and BEmONC-Licensed Birthing Facility;
c. All government and private delivery facilities, such as Hospital, Lying-in
Center and Barangay Health Centers shall be PhilHealth-accredited;
d. Traditional birth attendants or trained “hilots”, as member of Health Team
shall only assist during deliveries in the presence of skilled birth attendants.
e. All birthing facilities must be culture sensitive.

Section 17. MOBILE SAFE MOTHERHOOD PROGRAM. The Municipal


Health Office primarily focuses on the health and welfare of women throughout their
pregnancy including the adolescent pregnancy or the teenage pregnancy and shall ensure
full access to health services towards making pregnancy and delivery safer through
complete and proper delivery of prenatal and postnatal services to every barangay of this
municipality especially those hard-to-reach communities. A regular visit shall be
scheduled to cluster barangays to conduct services such as:
a. prenatal;
b. laboratory examination like urinalysis, hemoglobin determination and
blood typing;
c. provision of multivitamins; and
d. tetanus toxoid injection.

Section 18. MINIMUM INITIAL SERVICE PACKAGE. In the pursuance of


the Reproductive Health and Responsible Parenthood Act of 2012, the Municipality shall
ensure the implementation of the prescribed Minimum Initial Service Package (MISP) of
sexual reproductive health in emergency including adolescent sexual reproductive health.

ARTICLE II
MEN’S HEALTH AND ORGANIZATION

Section 19. MEN’S SEXUAL AND REPRODUCTIVE HEALTH. The


Municipality shall recognize the diverse and unique sexual and reproductive health needs
of men.

To this end, it shall provide quality services integrated within clinical and non-
clinical contexts and follows a gender-transformative approach, without undermining the
sexual and reproductive health and rights of women and adolescent girls, nor to divert
resources, funding or attention from much-needed sexual reproductive health services
and programs for women and adolescent girls. It shall rather promote positive expression
of one’s gender, sex and sexuality, thereby contributing to the efforts of ensuring
universal access to sexual and reproductive health and rights.

Section 20. BUILDING BLOCKS TO WORKING ON MEN’S SEXUAL


AND REPRODUCTIVE HEALTH. The Municipality shall adopt the seven (7) service
packages that are essential and interlinked building blocks to support the efforts of
organizations to operationalize a greater focus on men’s SRH and Clinical Service
Package and Non-Clinical Supportive Programs:
a. Using a gender-transformative approach;
b. Delivering quality gender-sensitive SRH clinical services;
c. Meeting men’s diverse SRH needs often requires a different approach;
d. Including a focus on young men and couples;
e. Adapting to the context and local needs among men;
f. Building a committed organization and workforce; and
g. Taking a primary prevention and integration of programs.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 26 of 77
Section 21. SRH SERVICE PACKAGE FOR MEN AND ADOLESCENT
BOYS. The SRH service package for men and adolescent boys shall be vigorously
pursued and sustained. The service package for men shall be divided into two
components:

a. The Clinical Service Components:


1) Assessment questions on male client history;
2) Physical exam of male client;
3) Contraception;
4) Sexually transmitted infections;
5) HIV and AIDS;
6) Disorders of the male reproductive system, including sexual
dysfunction;
7) Male cancers;
8) Fertility and infertility;
9) Sexual and gender-based violence support;
10) Information and counselling; and
11) Prostate Examination

b. The Non-clinical Supportive Components:


1) Information, education and communication materials;
2) Skills building and support; and
3) Advocacy issuances in which to engage men and adolescent boys.

Section 22. ORGANIZATION OF MEN. Men shall be organized to lead gender


and development related activities among themselves and in support of gender
mainstreaming in the Municipality. The Municipal Government shall assist in their
organization and accreditation. The Men’s Organization shall be guided with the
following principles:
a. Rights-based and client-centered;
b. Evidence-informed;
c. Respectful of sexual diversity;
d. Non-discriminatory and stigma-free;
e. Supportive of a broad conception of gender and masculinities;
f. Transformative and positive approach;
g. Supportive and respectful to women’s rights and autonomy;
h. Acknowledging men’s vulnerabilities;
i. Integrated, decentralized and cost-effective;
j. Collaboration and community participation.

Further, The Municipality shall adopt the conceptual framework for Men’s
Organization in their work that includes three components:
1) Men as clients/users of SRH clinical services, in increasing their access to,
and utilization of SRH clinical services.
2) Men as partners, in supporting the SRH of partners and families, and in the
promotion of sexual and reproductive health and rights; and
3) Men as agents of change, through their advocacy for sexual and reproductive
health and rights and in challenging gender inequalities and harmful
masculinities.

ARTICLE III
OTHER HEALTH PROGRAMS AND SERVICES

Section 23. PREVENTIVE AND PROMOTIVE HEALTH INFORMATION


AND EDUCATION CAMPAIGNS (IEC). The Municipality, in cooperation with the
DOH, shall initiate and sustain a heightened nationwide multimedia-campaign to raise the

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 27 of 77
level of public awareness on the protection and promotion of reproductive health and
rights including, but not limited to, maternal health and nutrition, family planning and
responsible parenthood information and services, adolescent and youth reproductive
health, guidance and counseling and other elements of reproductive health care.

To this end, the Municipality, through the Municipal Health Office (MHO), shall
conduct regular, correct and sustainable information and education campaigns in all
barangays on preventive health, especially focusing on women, children, men and
vulnerable sectors on the following health programs:
a. Reproductive Health Program such as cervical and breast cancers
awareness campaign;
b. Family Planning program;
c. Exclusive Breastfeeding;
d. Maternal and Child Health and Nutrition;
e. Expanded Program on Immunization;
f. Communicable Disease Control and Prevention such as HIV/AIDS/STI,
Tuberculosis, Leprosy and Rabies;
g. Non-Communicable Disease Control and Prevention;
h. Mosquito-borne Diseases;
i. Food and water-borne Diseases;
j. Emerging and Re-emerging Diseases; and
k. Vaccine Preventable Diseases.

Section 24. HEALTH CARE SERVICES FOR SENIOR CITIZENS,


PERSONS WITH DISABILITIES AND PREGNANT WOMEN. The senior citizens,
persons with disabilities (PWD) and pregnant women shall be accorded the highest
priority in the provision for health care services. They shall be the first to be attended to
in clinics and hospitals and in pharmacies. The MHO may provide health care services
through home visitations to senior citizens, as well as, to PWD who are prevented by
their physical conditions to visit health care facilities.

Section 25. HEALTH CARE SERVICES FOR INDIGENT PATIENTS.


Indigent patients are guaranteed equitable access to quality and affordable health care
goods and services, and protected against financial risk pursuant to R.A. No. 11223 or the
Universal Health Care Act of 2019.

To this end, the Municipality shall enroll qualified poor families as Indigent
PhilHealth Members. Indigent members or poor families belong to persons who have no
visible means of income, or whose income is insufficient for family subsistence, as
identified by the Municipal Social Welfare and Development Office (MSWDO), based
on specific criteria.

Section 26. ACCESS TO SAFE WATER AND SANITATION. All barangays


in Tulunan shall be provided with easy access to safe water supply and better sanitation.
An appropriate potable water system facility that can sufficiently satisfy the needs of the
community shall be constructed in each barangay.

Section 27. PROPER SANITATION AND EFFICIENT WASTE


DISPOSAL. There shall be an established mechanism in every barangay to advocate,
implement and monitor proper disposal of solid waste pursuant to Republic Act No.
9003, otherwise known as the Ecological Solid Waste Management Act of 2000.

Section 28. ZERO OPEN DEFECATION. Efforts shall be taken to achieve and
sustain Zero Open Defecation (ZOD) status, utilizing Participatory Rural Appraisal
methods for communities to assess their sanitation profile, analyze their defecation
practices and its consequences, and plan actions to address the problem. Zero open

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 28 of 77
defecation means that all residents in the Municipality shall have full access to safe
toilets.

Section 29. PROPER BURIAL AND DISPOSAL OF HUMAN REMAINS.


Every household in Tulunan shall have access to proper burial services through the
Municipal Cemetery and other privately operated licensed cemeteries. Proper burial of
human remains shall not be prohibited on account of race, nationality, religion, or
political affiliation.

However, any un-embalmed human remains shall be buried within 48 hours after
death. This Code abides by the specific provision of Section 91, Chapter 21 of PD 856
(The Sanitation Code of the Philippines) which states that all human remains, including
dead body parts, should be buried in cemeteries.

Furthermore, if the cause of death was due to Dangerous Communicable Diseases


such as:
a. HIV/AIDS
b. Cholera
c. Ebola Hemorrhagic Fever
d. Hepatitis
e. Plague
f. Yellow Fever
g. Meningococcemia
h. Rabies
i. COVID-19
j. Other dangerous communicable diseases that will be declared by the
Department of Health

Appropriate burial or disposal of human remains shall be consistent with the


requirements prescribed in the Code on Sanitation of the Philippines (PD 856) Section
91, Chapter 21 and other relevant guidelines issued by the DOH, such as:
1) The remains shall be buried or cremated within 12 hours after death;
2) The remains shall not be taken to any place of public assembly;
3) Only the adult members of the family of the deceased shall be permitted
to attend the funeral;
4) The remains shall be placed in a durable, air tight and sealed casket;
5) No permit shall be granted for the transfer of such remains; and
6) No remains shall be buried without securing Death Certificate.

Corollary to this, no Business Permit shall be issued to funeral parlors/homes


operating in Tulunan without installing within their premises the appropriate waste
disposal facility and the necessary medical waste management protocols in preparing
human remains for burial.

Section 30. ACCESS TO PROPER NUTRITION. In accordance with DILG


Memorandum Circular (MC) No. 2018-42 dated March 26, 2018, the Municipality and
all component barangays are enjoined to prioritize in the allocation of local funds the
PPAs included in their respective local nutrition action plans, which shall be formulated
in accordance with the Philippine Plan of Action for Nutrition 2017-2022.

To this end, measures shall be taken to ensure strict implementation of Republic


Act No. 11148 which seeks to scale up the national and local health and nutrition
programs through a strengthened integrated strategy for maternal, neonatal, child health
and nutrition in the first 1,000 days of life.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 29 of 77
Section 31. PROMOTION OF BREASTFEEDING. The Municipality shall
promote exclusive breastfeeding from zero (0) up to six (6) months. All establishments
and offices shall be enjoined to provide dedicated breastfeeding facility for their workers
and clients.

Section 32. RABIES PREVENTION AND CONTROL PROGRAM. To


reduce the incidence of rabies cases, RHU based Animal Bite Treatment Center (ABTC),
where patients are able to access human anti-rabies vaccines and immunoglobulin for
Post Exposure Prophylaxis (PEP) have been established. Consequently, the number of
reported potentially rabies exposures mostly dog bites have been increasing since it
started operating and resulted to the increase and better access to rabies Post Exposure
Prophylaxis (PEP).

To this end, the local government shall support and sustain the provision of anti-
rabies and immunoglobulin vaccines, medical supplies and improvement of ABTC.
While dog vaccination is the cornerstone for the prevention and elimination of rabies, a
program to control and eliminate rabies in the municipality has been created and
incorporated in the BASSIT flagship program of the local government.

Section 33. PREVENTION AND CONTROL OF HIV/AIDS AND


SEXUALLY TRANSMITTED INFECTIONS (STIs). The Local Government shall
provide easy access and utilization of preventive primary health care services by
delivering comprehensive and quality HIV/AIDS/STI prevention, care, massive advocacy
campaign and treatment services through integrated health services networks without
compromising the confidentiality of the patient’s identity. The goal is to reverse the trend
of HIV epidemic to make life improved and productive.

Section 34. ORAL HEALTH CARE PROGRAM. The Local Government shall
ensure access and delivery of quality oral health care services including upgrading of
dental facilities, equipment, instruments, supplies, toothbrushing program for pre-school
children, regular dental outreach activities and provide accurate information or awareness
campaign for oral health for the people especially the vulnerable groups (pregnant
women, children, senior citizens and PWDs).

Section 35. VOLUNTARY BLOOD SERVICES PROGRAM. Pursuant to


Republic Act No. 7719, otherwise known as the National Blood Services Act of 1994, the
voluntary blood donation program is hereby institutionalized in the Municipality as a
sturdy foundation of safe and sufficient blood and blood-product supplies. It also aims to
create public consciousness on the importance of blood donation in saving lives. Blood
transfusion is an indispensable component of health care.

Section 36. CLUSTER CLINIC AND RHU SA SITIO PROGRAMS.


Outreach program plays a critical role in improving and extending the reach of health
care especially in hard-to-reach sitios or puroks through activities such as:
a. Medical consultation
b. Dental services
c. Laboratory services
d. Health information and education
e. Family Planning services
f. Operation Tuli
g. Skin clinic or Kilatis Kutis
h. Safe Motherhood services
i. Prenatal and Postnatal services
j. Provision of free medicines

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 30 of 77
Section 37. BARANGAY NUTRITION SCHOLARS PROGRAM. The
municipal government shall support and sustain the Barangay Nutrition Scholars program
and create local policies for BNS’ benefits and incentives.

Section 38. BARANGAY HEALTH WORKERS PROGRAM. The municipal


government shall support and sustain the Barangay Health Workers Program and create
local policies for BHWs’ benefits and incentives.

Section 39. DIETARY SUPPLEMENTATION PROGRAM. Under the PPAN


2017-2022, eight (8) nutrition-specific interventions have been identified to address the
immediate causes of malnutrition, physical inactivity, poor dietary intake, and diseases.
The National Dietary Supplementation Program (NDSP) is one of the identified
interventions.

To this end, the Municipality shall supplement the dietary concern of nutritionally
vulnerable groups, such as pregnant and lactating women, and infants and young children
aged 6-23 months in food insecure households. The program also covers the
undernourished children aged 3 to 5 years, and severely wasted Kinder to Grade 6 school
children, particularly those from very poor neighborhoods and/or households.

Section 40. ESTABLISHMENT OF HUMAN MILK BANKING. Pursuant to


RA 10028, “Expanded Breastfeeding Promotion Act of 2009”, the Municipality of
Tulunan shall encourage hospitals and other health units to establish a Human Milk Bank.

Section 41. WELLNESS PROGRAM FOR EMPLOYEES. In line with the


commitment to looking after the holistic well-being of its employees and in order for
them to be healthy, happy and more capable to provide satisfactory public service, the
Municipality shall institutionalize a wellness program for its employees, with special
focus on female personnel, different ways one can harness their physical and inner
attributes to be the best version of themselves, thereby allowing them to exude
confidence, credibility and strong positive vibes to those they interact with professionally
and socially.

The program shall be replicated in all barangays of the municipality.

ARTICLE IV
EDUCATION, CULTURE AND THE ART

Section 42. ACCESS TO EDUCATION. The right to education of in-school,


out-of-school youth and adult learners shall be upheld, recognized and promoted. As
such, the Municipality shall endeavor to invest and support viable educational programs
and projects with bias to the marginalized and less privileged sectors to be able to help
them reach their full potential, bring a sense of hope and change toward a bright future.

Section 43. SEX EDUCATION AND GENDER CONCEPTS. Parents shall be


encouraged to share in the responsibility of providing proper guidance to their children in
understanding their sexuality, sexual orientation and gender identity being the primary
caregivers, educators and nurturers of young minds.

Utmost, sex education for the pre-puberty ages shall be introduced in the right
manner, at the right place and by the right people.

Section 44. PROTECTION AGAINST BULLYING, PUBLIC RIDICULE


AND VILIFICATION. As stipulated in Republic Act No. 10627, otherwise known as
the Anti-Bullying Act of 2013, measures shall be taken to ensure the protection of
children against any form of bullying.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 31 of 77
Moreover, PWDs shall be protected against public ridicule and vilification by any
individual, group or community who could intimidate or result in loss of self-esteem of
the former pursuant to Republic Act No. 9442.

Section 45. PROTECTION AGAINST CORPORAL PUNISHMENT.


Positive discipline in school shall be promoted. Positive discipline is an overarching
philosophy that helps children develop a conscience guided by their own internal
discipline and compassion for others. Positive discipline is rooted in a secure, trusting,
connected relationship between parent and child. Discipline that is empathetic, loving and
respectful strengthens the connection between parent and child, while harsh or overly-
punitive discipline weakens the connection.

Conversely, corporal punishment constituting all forms of humiliating or


degrading punishments to discipline children shall be prohibited at home, at school, in
institutions, at alternative care systems, in employment and at all other settings.

Section 46. PROTECTION OF GIRL-CHILDREN. Measures to eliminate all


forms of discrimination against girl-children in education, health and nutrition, and skills
development shall be vigorously pursued. As such, the Municipality shall ensure that:
a. Girl-children are protected from all forms of abuse and exploitation;
b. LCPC adopts existing indigenous mechanisms in the protection of children;
and
c. Sensitivity to particular Moro and indigenous practices, such as fasting in the
month of Ramadan, choice of clothing (including the wearing of hijab), and
availability of halal food is observed.

Section 47. COMPETENT TEACHING AND MENTORING. The


Municipality of Tulunan shall support and sustain the improvement of teaching and
mentoring competency on the basic and secondary education curricula.

Section 48. ROLE OF THE COMMUNITY AND LOCAL


GOVERNMENTS. It shall be the policy of the Municipal Government of Tulunan to
provide quality and relevant education to all and to encourage private sector initiatives to
support public education. Thus, the LGU – through private sector support – shall institute
programs and projects in improving, upgrading, and modernizing public schools,
particularly those in far-flung barangays.

Section 49. NOVEL SCHOOL AND EDUCATIONAL PROGRAMS AND


PROJECTS. In consonance with Education for All (EFA) Program, the Municipality of
Tulunan shall sustain its commitment to support the following school educational
programs and projects:
a) Child Friendly Schools;
b) Improved school facilities;
c) College Educational Assistance. LGU shall provide scholarship support to
college students in pursuant to Municipal Ordinance No. 123-2022
Establishing a Tulunan College Allowance Program (TULCAP) to poor but
deserving students in the Municipality of Tulunan, Province of Cotabato;
d) Tulunan Peace Institute of Science and Technology. The LGU shall provide
scholarship for deserving Out-of-School Youth and adults for schooling,
training and seminar on Technical and Vocational courses and development
of the TPIST pursuant to Municipal Ordinance No. 102-2019 An ordinance
Establishing a Tertiary Education Institution in the Municipality of Tulunan,
Province of Cotabato;
e) Special Education Programs for Literacy and Numeracy:
 Every Child A Reader Program (ECARP);

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 32 of 77
 Tulunan Mobile Library; and
 KomunEduAksyon with 7 component programs such as EreSkwela,
ESkwela, E-Skwela, AMAKAN both print and webpage, Community
Mentoring, Strengthening Barangay governance and establishment of a
Municipal Library particularly on Literacy on good governance in
pursuant to the Municipal Ordinance No. 050-2013 or the Comprehensive
Literacy Improvement Plan of the Municipality of Tulunan, Province of
Cotabato.
f) Special Education Program for Moro and Indigenous Peoples:
 Arabic Language and Islamic Value Education (ALIVE) for schools
serving Moro children;
 Support the operation of Madrasah Schools and assist in the
standardization and contextualization of MADRASAH Curriculum in the
Municipality of Tulunan;
 Cultural Heritage Learning Center (CHLC) in schools implementing
IPED and schools serving IP learners; and
 School of Living Tradition.
g) Free Access and Mandatory Education Program to Increase Participation in
Schools (FAME-PIPS) pursuant to Municipal Ordinance No. 101-2019;
h) Alternative Learning System (ALS);
i) HEALTHY AKO Feeding Program;
j) Youth for Peace Movement (Y4PM);
k) Teen Center;
l) Adopt-a-School Program as per R.A. No. 8225 or the Corporate Social
Responsibility (CSR) Act;
m) Adopt-a-Child Program;
n) Brigada Eskwela; and
o) Agri-Skultura.

Section 50. PROMOTION OF LOCAL CULTURE AND THE ARTS. The


Municipality of Tulunan supports the PPAs of the Municipal Council for Culture and the
Arts (MCCA) for the protection, preservation and promotion of cultural heritage and
ethnicity of local communities.

ARTICLE V
SUBSTANCE ABUSE PREVENTION

Section 51. RESISTANCE EDUCATION AGAINST DRUGS FOR THE


YOUTH (PROJECT READY). This aims to institutionalize the standard of preventive
information and education program in protecting the youth from the harmful effects of
dangerous drugs.

Section 52. ANTI-ILLEGAL DRUGS CAMPAIGN. In line with the current


Administration's priority to eradicate the problem of illegal drugs in the country, LGUs
are enjoined to comply with the pertinent provisions of RA No. 9165 including its IRR.

To this end, the Municipality shall:


a. conduct barangay clearing operations, including rehabilitation and aftercare
of drug users in coordination with the Department of Health and the
Department of Social Welfare and Development;
b. establish Special Drug Education Centers; and
c. strengthen the criminal justice system, among others.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 33 of 77
ARTICLE VI
WOMEN, FAMILY AND CHILDREN

Section 53. MANDATE. The 1987 Constitution recognizes the importance of the
family as the fundamental unit of the society. Happy, contented and healthy families
constitute an economically stable and progressive society; therefore, the Municipality
shall endeavor to address gender issues and concerns, promote women empowerment and
strengthen the family.

Section 54. ELIMINATION OF DISCRIMINATION AGAINST WOMEN.


As enshrined in the UN Convention on Elimination of all forms of Discrimination
Against Women (UN-CEDAW) and the Philippine Constitution, the Municipality shall
promote, protect, and champion the rights of women.

Section 55. ENVIRONMENT-FRIENDLY TECHNOLOGY. In regulating


agricultural production and processing technologies used within the jurisdiction of the
Municipality, paramount consideration shall be accorded to the health and well-being of
its constituents, especially women and children, over and above limited corporate
interest. Inclusive Sustainable Development as defined by the United Nations Convention
on Environment and Development shall be the basic measure of assessing technologies.

Section 56. THE FAMILY DISPUTES AND VIOLENCE COMMITTEE. A


Family Disputes and Violence Committee shall be established in every barangay under
the auspices of their respective Lupong Tagapamayapa that shall handle cases of family
disputes with the exception of cases falling under Republic Act No. 9262.

Section 57. WOMEN AND CHILDREN’S WELFARE AND PROTECTION


UNIT. Tulunan shall endeavor to be a Child-Friendly Municipality. The Women and
Children’s Welfare and Protection Unit is hereby established. Said unit shall serve as a
one-stop action center for the intake, interview, referral, and provision of other necessary
interventions by the PNP Women and Children’s Protection Desk, the MSWDO and
MHO for women and children in need of protection and counseling.

ARTICLE VII
PUBLIC SPHERE OF WOMEN

Section 58. TULUNAN WOMEN DEVELOPMENT COUNCIL. There shall


be organized a Council for Women in the Municipality pursuant to DILG Memorandum
No. 2001-163, Memorandum No. 2002-167 and Memorandum No. 2006-125.

Section 59. PARTICIPATION AND REPRESENTATION. Pursuant to


Section 11 of Republic Act No. 9710, the Municipality shall provide necessary
mechanisms which will accelerate meaningful participation and equitable representation
of women in all spheres of society particularly in the formulation, implementation, and
evaluation of policies, plans, and programs for national, regional, and local development
to fully realize their role as agents and beneficiaries of development.

Section 60. WOMEN IN PEACE BUILDING AND CONFLICT


RESOLUTION. The peace process shall be pursued with the following considerations:

a. Increase the number of women participating in discussions and decision-


making in the peace process, including membership in peace panels
recognizing women’s role in conflict-prevention, peace-making and
indigenous system of conflict resolution;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 34 of 77
b. Ensure the development and inclusion of women’s welfare and concerns in
the peace agenda in the overall peace strategy and women’s participation in
the planning, implementation, monitoring, and evaluation of rehabilitation
and rebuilding of conflict-affected areas;

c. The institution of measures to ensure the protection of civilians in conflict-


affected communities with special consideration for the specific needs of
women and girls; and

d. The recognition and support for women’s role in conflict- prevention,


management, resolution and peacemaking, and in indigenous systems of
conflict resolution based on customary laws and other pertinent legal
instruments.

ARTICLE VIII
WOMEN IN ESPECIALLY DIFFICULT CIRCUMSTANCES

Section 61. MANDATE. For purposes of this Code, “Women in Especially


Difficult Circumstances” (WEDC) shall refer to victims and survivors of sexual and
physical abuse, rape and incest, illegal recruitment, prostitution, trafficking, armed
conflict, women in detention, and such other related circumstances which have
incapacitated them functionally.

To this end, the Municipality shall render necessary services and interventions to
“Women in Especially Difficult Circumstances” (WEDC).

Section 62. SERVICES AND INTERVENTIONS. The Municipality shall


ensure that necessary services and interventions to WEDC are rendered, such as but not
limited to:
a. Medico-legal services;
b. Temporary and protective custody;
c. Medical and dental services;
d. Psychological evaluation;
e. Counseling Services;
f. Psychiatric evaluation;
g. Legal services;
h. Rehabilitation, reintegration, and aftercare services;
i. Capital Assistance for Sustainable Livelihood Project/Income generating
projects;
j. Foster Parenting Services;
k. Financial Assistance;
l. Food Assistance; and
m. Educational Assistance/Scholarship Grants.

Section 63. PROTECTION FROM VIOLENCE. Paramount attention shall be


accorded to women through exhaustive provision of basic and social services such as
education, health, sports and socio-cultural activities to ensure a society that is free from
subordination and violence.

ARTICLE IX
LABOR AND EMPLOYMENT

Section 64. GENDER-FAIR EMPLOYMENT OPPORTUNITY. As provided


by the CSC’s 2017 Omnibus Rules on Appointments and other Human Resource Actions,
as amended, the LGUs shall ensure not only standard procedure but also gender-fair and

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 35 of 77
equal treatment of individuals in the areas of recruitment, selection, appointment,
promotion, and other personnel actions.

Section 65. LABOR-FRIENDLY WORKPLACE. The Municipality shall


continue to uphold and ensure the full implementation of the provisions of the Revised
Labor Code (Republic Act No. 6725) and other relevant issuances aimed at eliminating
all types of discrimination, exploitation and harassment in the workplace; affording just
wages and compensation; providing non-monetary benefits and incentives; and,
extending such other entitlements and conditions redounding to the enjoyment of their
just share in the fruits of production.

Section 66. OCCUPATIONAL HEALTH AND SAFETY. The Municipality, in


coordination with DOLE and the Municipal Health Office, shall oblige employers to
provide workers with every kind of on-the-job protection against injury, sickness or death
by ensuring safe and healthful working conditions following the prescribed occupational
safety and health standards.

Section 67. GENDER-BASED SEXUAL HARASSMENT IN THE


WORKPLACE. Consistent with the provisions of R.A. No. 11313 (Bawal Bastos Law
or the Safe Spaces Act), the dignity of every individual shall be valued, the development
of its human resources shall be enhanced, full respect for human rights shall be
guaranteed, and the dignity of workers, employees and students shall be upheld.

To this end, the Municipality shall develop mechanism that will monitor cases of
sexual harassments in the workplace. Efforts shall also be taken to preclude future
occurrence of similar case.

Section 68. SEXUAL HARASSMENT IN THE LOCAL GOVERNMENT


UNIT. In relation to the immediate preceding section hereof, the crime of gender-based
sexual harassment in the workplace includes the following:

a. An act or series of acts involving any unwelcome sexual advances, requests


or demand for sexual favors or any act of sexual nature, whether done
verbally, physically or through the use of technology such as text messaging
or electronic mail or through any other forms of information and
communication systems, that has or could have a detrimental effect on the
conditions of an individual’s employment or education, job performance or
opportunities;

b. A conduct of sexual nature and other conduct-based on sex affecting the


dignity of a person, which is unwelcome, unreasonable, and offensive to the
recipient, whether done verbally, physically or through the use of technology
such as text messaging or electronic mail or through any other forms of
information and communication systems;

c. A conduct that is unwelcome and pervasive and creates an intimidating,


hostile or humiliating environment for the recipient: Provided, That the crime
of gender-based sexual harassment may also be committed between peers
and those committed to a superior officer by a subordinate, or to a teacher by
a student, or to a trainer by a trainee; and

d. Information and communication system refers to a system for generating,


sending, receiving, storing or otherwise processing electronic data messages
or electronic documents and includes the computer system or other similar
devices by or in which data are recorded or stored and any procedure related

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 36 of 77
to the recording or storage of electronic data messages or electronic
documents.

To this end, there shall be created a Committee on Decorum and Investigation


(CODI) based on the pertinent Civil Service issuances and shall perform the following
functions:
1) Receive complaints of sexual harassment;
2) Investigate sexual harassment complaints in accordance with the prescribed
procedure;
3) Submit a report of its findings with the corresponding recommendation to the
disciplining authority for decision;
4) Lead in the conduct of discussions about sexual harassment within the
agency or institution to increase understanding and prevent incidents of
sexual harassment;

Section 69. EMPLOYMENT ASSISTANCE PROGRAM. The Municipal


Public Employment Service Office (PESO), shall assist indigent students, the
unemployed and the underemployed in securing gainful and decent employment. The
Special Program for the Employment of Students (SPES), a joint educational assistance
by the LGU and the DOLE and the local scholarship program of the Local Government
Unit shall be implemented.

Section 70. ACCESS TO EMPLOYMENT, TRAINING AND


PROMOTIONS. No one shall be denied of employment opportunities on account of
gender, age, ethnicity, creed, religion and civil status as prescribed in the Labor Code, as
amended by RA 6725. Likewise, no one shall be denied of training and promotion in
employment.

Section 71. JUST WAGE AND BENEFITS. Every employer shall comply with
the minimum wage as prescribed by the Regional Wage Board and shall grant all benefits
to employees such as maternity/paternity leave, sick and vacation leave, retirement,
termination and other benefits provided by law.

Section 72. FACILITIES AND SUPPORT SYSTEM FOR EMPLOYEES.


The Municipality shall ensure the safety and health of all employees, especially the
women. In all cases, the employers shall:
a. Establish and provide separate comfort rooms, lavatories, and lounges for
men and women, and a dressing room at least for women;
b. Provide a home care center in the workplace to respond to the situation of
breastfeeding mothers and those who care for very young children while at
work; and
c. Provide breastfeeding room in the workplace to accommodate breastfeeding
mothers in support of RA 10028 or the Expanded Exclusive Breastfeeding in
the Workplace Law.

Section 73. MONITORING AND SURVEY PROGRAM FOR


HOUSEHELPERS. The Municipality shall adopt R.A. No. 10361 otherwise known as
the Kasambahay Law and come up with a program that will monitor and survey the
conditions and situations of domestic/house helpers in the municipality and are legally
bound by a contract which indicates details of compensation and benefits, including SSS
and PhilHealth coverage, and weekly day-off or recreation period. The contract can be
used also as basis for monitoring possible incidents of harassments and abuses by the
employer.

SECTION 74. SUPPORT FOR OVERSEAS FILIPINO WORKERS


(OFWs). The Municipality through the Public Employment Service Office and the local

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 37 of 77
implementing arm of the Department of Migrant Workers (DMW) the Public OFW Desk
Officer (PODO), in coordination with the Overseas Workers Welfare Administration
(OWWA), Philippine Overseas Employment Administration (POEA) and the Department
of Foreign Affairs (DFA) shall undertake measures on matters relating to the condition of
Overseas Filipino Workers (OFWs).

Section 75. MANDATORY ENROLLMENT TO PHILHEALTH AND


OTHER SOCIAL BENEFITS. Measures shall be taken to ensure that all employers
comply with the mandatory enrolment of employees to PhilHealth coverage under the
National Health Insurance Program pursuant to R.A. No. 10645, and as reiterated under
R.A. No. 11223 or the Universal Health Care Law, and other social benefits such as Pag-
Ibig and GSIS/SSS, as the case may be.

Section 76. MATERNITY LEAVE. Measures shall be taken to ensure that


female workers in government and the private sector, including those in the informal
economy, regardless of civil status or the legitimacy of her child, enjoy the one hundred
five (105) days maternity leave with full pay and an option to extend for an additional
thirty (30) days without pay as provided under the Expanded Maternity Leave Law under
R.A. No. 11210; Provided, that in case the worker qualifies as solo parent under R.A. No.
8972, or the "Solo Parents’ Welfare Act", the worker shall be granted an additional
fifteen (15) days maternity leave with full pay.

Section 77. PATERNITY LEAVE. Measures shall be taken to ensure that male
workers enjoy the paternity leave with full pay pursuant to the Paternity Leave Act of
1996 (R. A. No. 8187), provided they are legally married fathers and cohabiting with his
espouse. Paternity leave refers to the benefits granted to a married male employee
allowing him not to report for work for seven (7) days but continues to earn the
compensation therefor, on the condition that his spouse has delivered a child or suffered a
miscarriage for purposes of enabling him to effectively lend support to his wife in her
period of recovery and/or in the nursing of the newly-born child.

Further, any female worker entitled to maternity leave benefits as provided for in
R.A. No. 11210 may, at her option, allocate up to seven (7) days of said benefits to the
child’s father, whether or not the same is married to the female worker.

Section 78. SPECIAL LEAVE PRIVILEGES. Measures shall be taken to


ensure that female public sector employee, regardless of age, civil status, shall be entitled
to a special leave of a maximum of 2 months with full pay based on her gross
compensation provided she has rendered at least six months aggregated service in any or
various government agencies for the last 12 months prior to undergoing surgery for
gynecological disorders in accordance with the pertinent guidelines issued by the Civil
Service Commission.

Section 79. EMPLOYMENT OF MINORS. Pursuant to Republic Act No.


9231, no minors age 15 and below shall be employed in the municipality, except when
they work directly under the sole responsibility of their parents or guardians or when their
participation in public entertainment or public information is essential. Exemptions can
only become possible with proper clearances and permits from the Department of Labor
and Employment (DOLE) as provided for in specific provisions of the Labor Code of the
Philippines.

Section 80. MONITORING IMPLEMENTATION OF LABOR LAWS AND


STANDARDS. There shall be established a mechanism that shall effectively monitor the
implementation of labor laws in the Municipality, through the PESO, to ensure strict
compliance with existing labor standards.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 38 of 77
ARTICLE X
OTHER GAD RESPONSIVE PPAs

Section 81. MANDATE. In response to the Sustainable Development Goals


(SDG 2030), appropriate measures shall be undertaken to ensure that poverty elimination
programs, projects and activities pursue a gender-responsive approach to fight poverty,
advance the person’s human integrity and self-esteem.

Section 82. BASIC SERVICES. The Municipality, in coordination with the


concerned line agencies, shall ensure the effective implementation of the following
services for the benefit of the marginalized sector:
a. socialized low-cost housing;
b. potable drinking water;
c. electrification;
d. transportation and communication; and
e. other basic services.

Section 83. FREE BURIAL AND FUNERAL SERVICE PACKAGE


PROGRAM. There shall be a free burial and funeral service package program for the
marginalized, vulnerable, least favored, less fortunate and/or disadvantaged members of
the community.

Section 84. SPECIAL PROGRAMS AND SERVICES FOR WOMEN. The


Municipality shall design, innovate, and implement programs and services, projects, and
empowerment activities which are responsive and sensitive to the needs and vulnerability
of women. These programs and services, projects, and empowerment activities shall be
but not limited to the following:
a. Group Capital Assistance to avail Sustainable Livelihood Project;
b. Individual Capital Assistance to avail Income Generating Projects;
c. Capacity and Capability Trainings and Seminars;
d. Food and Financial Assistance;
e. Food for Work and Cash for Work Assistance;
f. Educational Assistance/Scholarship Grants/ program;
g. Counseling Services;
h. Protective Custody and Shelter Assistance;
i. Referrals and Job Placements;
j. Legal Assistance;
k. Foster Parenting and Guardianship Services;
l. Local Manufacturing & Trading/Marketing Programs & Projects to show-
case the local products and delicacies/pasalubong package;
m. Provision of adequate support for Women’s Empowerment Activities
such as: national & local observance and celebration of Women’s
Day/Month; recreational and sports development programs & projects;
and
n. Provision/Establishment of a women-friendly and therapeutic space in
every barangay public area/plaza, and in the municipal ground/plaza.

Section 85. TULUNAN LINGAP PROGRAM (TULIP). There shall be an


institutionalized comprehensive program encompassing all the compassionate advocacies
of the local government unit of the Municipality of Tulunan, such as:
a. Educational Assistance;
b. Burial and Funeral Package Services;
c. Medical and financial assistance;
d. Assistive Device for PWDs and Senior Citizens;
e. Civil Registration;
f. Kasalang Bayan and Kasalang Barangay;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 39 of 77
g. Anti-rabies vaccination;
h. Maintenance Medicines for hypertension, diabetes and arthritis;
i. Patient Transport (conduct);
j. Hospitalization
k. Accidental Insurance for frontliners and volunteers;
l. Livelihood Program; and
m. Other related services

Section 86. BASSIT PROGRAM. A comprehensive program that aims to


increase the awareness of the people of Tulunan on the approved Ordinances on
Environment, Health and Animal Welfare, and direct their action and behavior toward
becoming law-abiding and responsible citizens. It is a program that governs the Solid
Waste Management (Basura), Rabies Prevention and Control (Aso), Health, Sanitation,
And Community-Led ZOD Program (Sanitasyon), Smoke Free Tulunan (Sigarilyo) and
the Traffic Management and Road Safety (Trapiko).

Section 87. SPECIAL PROGRAMS AND SERVICES FOR LGBTQIA+. The


Municipality promotes, protects, and respects the rights and welfare of the LGBTQIA+,
and recognizes their full potentials and strengthens their vulnerabilities. Thereby, no one
shall abuse, exploit, and discriminate an LGBTQIA+ as to civil and economic statuses,
employment, education, livelihood, access to health and welfare services, and other social
services.

To this end, programs, services, projects, and empowerment activities shall be


implemented such as but not limited to the following:
a. Group Capital Assistance for Sustainable Livelihood Project;
b. Individual Capital Assistance for Income Generating Projects;
c. Capacity and Capability Building;
d. Food and Financial Assistance;
e. Food for Work and Cash for Work Assistance;
f. Educational Assistance/Scholarship Grants/Program;
g. Counseling Services;
h. Protective Custody and Shelter Assistance;
i. Referrals and Job Placements;
j. Legal Assistance;
k. Foster Parenting & Guardianship Services;
l. Local Manufacturing & Trading/Marketing Programs & Projects to show-
case the locally produced products and specialty/pasalubong package;
m. Provision of opportunities and avenues to show-case the talents, expertise,
and full potentials of LGBTQIA+ in terms of beautifying and maintaining
an amusement and recreational spaces in all public/barangay/municipal
plaza; and
n. Provision/establishment of CR-comfort rooms for LGBTQIA+ in all
public and private schools, government owned buildings, multi-purpose
halls, centers, in all barangays and in the municipal hall and municipal
ground.

Section 88. ACCESS TO LIVELIHOOD, CAPITAL, CREDIT AND


TECHNOLOGY. The Municipality, in coordination with the DOLE, DOST, TESDA
and DTI such financing institutions, shall initiate the opening of windows of
opportunities for livelihood, capital, credit facility and technology transfer to
marginalized sectors in the locality.

Section 89. LIVELIHOOD AND ENTREPRENEURIAL PROGRAM FOR


THE MARGINALIZED GROUPS. The Municipality shall establish a consolidated
program geared towards strengthening self-help grassroots capabilities for livelihood and

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 40 of 77
income generation, especially embarking on the Anti-Poverty Program of the
Municipality. As such, it may mobilize the capacities of marginalized groups such as the
disadvantaged/unemployed workers, youth, women, PWDs, Indigenous Peoples (IPs),
parents of child laborers, urban poor, workers in the informal economy engaged in small
livelihood undertakings such as farmers, ambulant vendors or peddlers, ambulant service
providers, vendors, tricycle or pedicab drivers and operators, among others, through the
following strategies:

a. Transforming existing livelihood projects in the barangays into community


enterprises and/or set up community enterprises to be managed by
community groups;

b. Operationalizing a convergence scheme of related programs and services of


government agencies and private organizations that will effectively assist and
provide complete support to community enterprises;

c. Strengthening public and private partnerships (PPP) in the delivery of


programs and services to effectively meet the needs of the community
groups. Thus, assistance from the private sector businesses will be
encouraged and tapped as part of their corporate social responsibility towards
community growth and development.

d. Providing livelihood/self-employment projects consisting of a package of


services (simple house-to-house service-oriented skills/working capital) that
will enable the target beneficiaries to quickly start a livelihood undertaking
from the DOLE, DSWD thru the PESO and MSWDO.

Section 90. PROTECTION OF SENIOR CITIZENS, PWDs AND SOLO


PARENTS. Senior citizens, PWDs and Solo Parents shall be protected from neglect,
abandonment, domestic violence, abuse, exploitation, and discrimination. Towards this
end, appropriate measures shall be undertaken to ensure special protective mechanisms
and support programs for senior citizens pursuant to the Senior Citizens Act or Republic
Act No. 9994, an act granting additional privileges to senior citizens, and Republic Act
No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000. To ensure
efficient services such as but not limited to the following shall be provided:
a. Social Pension/Financial Subsidy;
b. Centenarian cash gift;
c. Sustainable Livelihood Assistance to guardians and care givers of the
orphaned, abandoned, neglected, and indigent/poorest senior citizens;
d. Assistive devices to disabled senior citizens;
e. Medical & Hospitalization assistance;
f. Burial Assistance;
g. Food Assistance/Food Subsidy;
h. Logistical and empowerment support to all Senior Citizens Associations in all
barangays;
i. Logistical and empowerment support to all PWD associations in all
barangays;
j. Educational Assistance/Scholarship Grants for PWDs, Senior Citizens, Solo
Parents and their children;
k. PWD-friendly space in every barangay plaza/public area, and in the
municipal plaza;
l. PWD- comfort rooms in all public and recreational places in every barangay,
and in the municipal ground/plaza; and
m. PDAO/ PWD Office for the PWD Affairs and a Welfare Home with
recreational area/space in the Municipal Level.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 41 of 77
Section 91. RIGHTS OF THE MORO AND INDIGENOUS PEOPLES. The
inherent rights of the Moro and Indigenous Peoples shall be recognized and respected. It
is therefore paramount that the Municipality shall take into consideration the welfare and
well-being of the Moro and Indigenous Peoples as well as the promotion of Tulun
Kastifun, Kasbakas and Kabuligan festivals and the strengthening of School of Living
Tradition and the Madaris.

ARTICLE XI
WOMEN IN AGRICULTURE

Section 92. WOMEN OWNERS AND TILLERS OF THE LAND. The


Municipality, through the Office of the Municipal Agriculturist, shall institute special
assistance programs for women who own and till a parcel of land such as, but not limited
to, relevant capacity training, organization of women farmers for their empowerment, and
distribution of agricultural inputs and other benefits.

Section 93. FOOD SECURITY AND PRODUCTIVE RESOURCES. Food


sustainability, sufficiency and sovereignty shall be ensured. Towards this end, measures
shall be taken to guarantee the availability in the market of safe and health-giving food to
satisfy the dietary needs of the population, thus ensuring the right to food and the right to
resources for food production. Furthermore, the municipality shall embark on friendly
and sustainable organic agriculture technology in consultation with agencies concerned
and various people’s organizations.

Section 94. DATABASE OF FARMERS. The Office of the Municipal Planning


and Development Coordinator, in collaboration with the Office of the Municipal
Agriculturist, shall establish an updated database on women and men farmers with
relevant information including but not limited to; Area of land tilled, address, kind of
land, product, tenurial status and mode of farming, farm inputs and many others.

Section 95. DATABASE OF FISHERFOLKS. The Municipal Planning and


Development Office in collaboration with the Municipal Agriculture Office shall develop
a standard registration form for municipal fisherfolk, fishing vessels and gears as stated in
Section 19 of the Philippine Fisheries Code of 1998. The registry shall serve as basis for
the identification of priority municipal fisherfolks who shall be allowed to fish within the
municipal waters.

ARTICLE XII
WOMEN IN SPORTS

Section 96. EQUAL ACCESS AND OPPORTUNITIES IN SPORTS. The


Municipality shall support existing frameworks and laws requiring equal access and
opportunities for females in sports as a viable tool for addressing gender equity thus
benefiting girls and women by:
a. Enhancing health and well-being;
b. Fostering self-esteem and empowerment;
c. Facilitating social inclusion and integration;
d. Challenging gender norms; and
e. Providing opportunities for leadership and achievement.

Section 97. SPORTS PROGRAMS. There shall be established sports


development programs as tools in promoting gender equity and empower girls and
women by challenging gender norms, reducing restrictions and offering girls and women
greater mobility, access to public spaces, and more opportunities for their physical,
intellectual and social development.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 42 of 77
Towards this end, the Municipality, in coordination with its component barangays
and other sports-related organizations shall endeavor to:
a. Train more female coaches for girls and women’s teams;
b. Conduct activities such as sports clinics and seminars for potential female
athletes, leaders, coaches and teachers at least once a year;
c. Provide equal incentives and awards for both men and women for any
competition;
d. Provide equal opportunities for scholarships and travel grants for women
leaders, coaches and athletes with adequate support mechanism;
e. Provide sufficient funds to support girls and women in sports during training
and competition;
f. Form more girls’ and women's teams in athletic leagues;
g. Establish partnerships with community-based sports organizations and
workplace-based sports organizations to ensure equal participation of women
in sports;
h. Develop programs in coordination with sports organization to increase
participation of elderly women, women with disability and indigenous
women; and
i. Provide accessible recreational and sports facilities for girls and women of all
ages.

ARTICLE XIII
SOLO PARENTS

Section 98. CATEGORIES. As defined under Republic Act No. 8972, otherwise
known as the “Solo Parents Welfare Act of 2000”, solo parent is an individual who falls
under any of the following categories:
a. A woman who gives birth as a result of rape and other crimes against chastity
even without a final conviction of the offender: Provided, that the mother
keeps and raises the child;
b. Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
c. Parent left solo or alone with the responsibility of parenthood while the
spouse is detained or is serving sentence for a criminal conviction for at least
one (1) year;
d. Parent left solo or alone with the responsibility of parenthood due to physical
and/or mental incapacity of spouse as certified by a public medical
practitioner;
e. Parent left solo or alone with the responsibility of parenthood due to legal
separation or de facto separation from spouse for at least one (1) year, as long
as he/she is entrusted with the custody of the children;
f. Parent left solo or alone with the responsibility of parenthood due to
declaration of nullity or annulment of marriage as decreed by a court or by a
church as long as he/she is entrusted with the custody of the children;
g. Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
h. Unmarried mother/father who has preferred to keep and rear her/his
child/children instead of having others care for them or give them up to a
welfare institution;
i. Any other person who solely provides parental care and support to a child or
children;
j. Any family member who assumes the responsibility of head of family as a
result of the death, abandonment, disappearance or prolonged absence of the
parents or solo parent; and

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 43 of 77
k. A change in the status or circumstance of the parent claiming benefits under
said Act, such that he/she is no longer left alone with the responsibility of
parenthood, shall terminate his/her eligibility for the benefits aforesaid.

Section 99. CRITERIA FOR SUPPORT. Any solo parent whose income in the
place of domicile falls below the poverty threshold shall be eligible for the services and
assistance extended by the Municipality: Provided, however, that any solo parent whose
income is above the poverty threshold may enjoy the benefits mentioned in the
succeeding Sections hereof.

Section 100. COMPREHENSIVE PACKAGE OF SOCIAL


DEVELOPMENT AND WELFARE SERVICES. A comprehensive package of social
development and welfare services for solo parents and their families shall be developed
by the MSWDO, HRMO and MHO, in coordination with NGO/s with proven track
record in providing services for solo parents, which will initially include:
a. Livelihood development services which include trainings on livelihood skills,
basic business management, value orientation and the provision of seed
capital or job placement;
b. Counseling services which include individual, peer group or family
counseling. This will focus on the resolution of personal relationship and role
conflicts;
c. Parent effectiveness services which include the provision and expansion of
knowledge and skills of the solo parent on early childhood development,
behavior management, health care, rights and duties of parents and children;
d. Critical incidence stress debriefing which includes preventive stress
management strategy designed to assist solo parents in coping with crisis
situations and cases of abuse; and
e. Special projects for individuals in need of protection which include
temporary shelter, counseling, legal assistance, medical care, self-concept or
ego-building, crisis management and spiritual enrichment.

Section 101. FLEXIBLE WORK SCHEDULE. The HRMO shall recommend


measures to implement a flexible working schedule for solo parent employees in
accordance with the pertinent guidelines issued by the Civil Service Commission.

Section 102. WORK DISCRIMINATION. Measures shall be undertaken to


ensure that no employer shall discriminate against any solo parent employee with respect
to terms and conditions of employment on account of his/her status.

Section 103. PARENTAL LEAVE. In addition to leave privileges under existing


laws, parental leave of not 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.

ARTICLE XIV
GAD ON CRISES AND RESILIENCY PROGRAMS

Section 104. LEGAL FRAMEWORK. The mandates on GAD and disaster risk
reduction management are affirmed by the following international declarations:

a. The Universal Declaration of Human Rights, which affirms the equal rights
of men and women, and the Convention on the Elimination of All Forms of
Discrimination against Women are together commonly referred to as the
international legal framework for the equal rights of women. Under this
framework, governments are bound to guarantee men and women equal
opportunities in terms of economic, social, cultural, civil, and political rights.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 44 of 77
b. Chapter 24 of the Agenda 21 UN Conference on Environment and
Development calls upon governments to make necessary legal,
administrative, cultural, social, and economic changes in order to eliminate
all obstacles to women’s full involvement in sustainable development and in
public life. Agenda 21 is to be achieved through government policies,
national guidelines, and plans to ensure equity in all aspects of society,
including women’s ‘key involvement’ in decision-making and environmental
management.

c. The Hyogo Framework states that a gender perspective should be integrated


into all DRR policies, plans and decision-making processes, including those
related to risk assessment, early warning, information management, and
education and training.

Section 105. BUILDING RESILIENT COMMUNITIES. Governments have


the primary responsibility for promoting gender equality and building disaster resilience
at the community level. In line with the aforesaid international legal instruments and
agreements, the Municipality shall:

a) Commit to gender analysis and gender mainstreaming through enhanced


cooperation and collaboration between GOs and CSOs responsible for
disaster risk reduction, climate change, poverty reduction and gender issues;

b) Ensure women and men’s equal access to natural hazard early warning
systems;

c) Establish gender specific data and statistics on impact of disasters, carry out
gender-sensitive vulnerability, risk and capacity assessments and develop
gender-sensitive indicators to monitor and measure progress;

d) Increase awareness of the public and media on the gender-sensitive


vulnerabilities and capacities in disasters and gender- specific needs and
concerns in disaster risk reduction and management;

e) Secure the linkage between DRR and climate change adaptation from a
gender perspective;

f) Improve disaster preparedness, response and contingency planning from a


gender perspective and make them respond to the specific needs and concerns
of men and women; and

g) Increase women’s participation in disaster relief coordination and secure


equal access to disaster relief assistance between men and women.

Section 106. DRRM THEMATIC AREAS. The MDRRMO shall promote


gender equality and build disaster resilient communities in accordance with the
international legal instruments and agreements integrated in the following DRRM areas
of concerns:
a. Prevention and mitigation;
b. Preparedness;
c. Response; and
d. Restoration and rehabilitation.

Section 107. GAD RESPONSIVE DRRM. The MDRRMC/O, in coordination


with agencies concerned in all phases of relief, recovery, rehabilitation and reconstruction

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 45 of 77
efforts, shall develop and implement a gender-responsive and rights-based work and
financial plan that includes:

a. Active participation of established inter-agency


and multi-sectoral humanitarian cluster mechanisms that will help ensure a
more coordinated and gender-sensitive response in all stages of the
emergency;

b. Improved collection and use of age and sex-


disaggregated data and reproductive health indicators in rapid and
comprehensive assessments for strategic gender analysis and programming of
humanitarian response;

c. Timely, adequate and culturally-appropriate


provision of relief goods and services such as food, water, sanitary packs,
psychosocial support, livelihood, education and comprehensive health
services including implementation of the MISP for sexual and reproductive
health at the early stage of the crisis;

d. Proactive adoption of measures by camp


managers to prevent sexual violence in evacuation centers and relocation sites
which include:
1) security and safety of women and
children as key criteria for the selection of evacuation sites;
2) separate functional and well-lit
latrines for men and women with locks;
3) bathing facilities with privacy;
4) regular security patrols preferably by
female police officers; and
5) prohibition of alcohol, drugs and
gambling, among others.

e. Active involvement of women in the various


camp committees organized for food and water distribution, nutrition,
sanitation and hygiene, shelter, health, education, protection, rescue operation
and security and safety especially in the decision-making processes.

Section 108. PRE-EMPTIVE OR FORCED EVACUATION PROTOCOL.


Pre-emptied or forced evacuation shall be carried out in the manner that is humane,
respectful of the dignity of persons, not using disproportionate force, without
discrimination and with conscious attention to the needs of the vulnerable sectors such as
children, women, the elderly and persons with disabilities:

a. The Municipality and the barangay concern shall have the primary duty and
responsibility to establish conditions as well as provide the means which
allow the Internally Displaced Persons (IDPs) to return voluntarily, safely,
and with dignity, to their homes or places of habitual residence or to resettle
voluntarily in another area and shall endeavor to facilitate the reintegration of
the IDPs;

b. Special effort shall be made to ensure the participation of IDPs in the


planning and management of their return and resettlement;

c. IDPs who have returned to their places of origin or who have resettled in
other areas shall not be discriminated as a result of having been displaced,

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 46 of 77
they shall have the right to participate fully and equally in public affairs at all
levels and have equal access to public service; and

d. The Municipality and the barangay concern shall have the duty and
responsibility to assist returned and/or resettled IDPs to recover their property
and possessions which were left behind or dispossessed upon their
displacement.

ARTICLE XV
GAD IN PEACE ZONES

Section 109. OBJECTIVES AND STRATEGIES. Ordinance No. 116-2021


establishes the framework and enabling parameters which will provide policy direction
relating to the development, recognition and enhancement of Tulunan Peace Zones
covering four Barangays, namely: Miatub, Bituan, New Alimodian and Nabundasan,
pursuant to and in accordance with pertinent laws, rules, declarations and issuances.

Specifically, it shall endeavor to:


1. Strengthen capacity of peace zone communities (PZCs) for community
development in partnership with local governments;
2. Strengthen capacity of key institutions and institutional mechanisms of
governance for sustained peace and development;
3. Institutionalize disaster risk reduction at the community level: A
systematic effort to analyze and manage the causes of disasters by
reducing vulnerabilities and enhancing capacities in order to lessen the
adverse impacts of hazards and the probability of disaster;
4. Increase access of PZCs to adequate, quality basic information and
services in health and nutrition, including reproductive health, water and
sanitation, education and social protection through a convergence
approach;
5. Strengthen capacity for self-employment and wage employment in non-
farm economic activities in PZCs;
6. Strengthen capacity of PZCs in managing their own viable and functioning
community-level enterprises and community enterprise system;
7. Re-orient career choices of out-of- school youth toward vocational trades
and entrepreneurship through vocational prep and enterprise literacy
(VPEL);
8. Enhance partnerships and capabilities of partner agencies, Government
and NGOs through training and participation;
9. Strengthen capacity of agricultural communities/co-operatives and local
institutions (including LGUs) to provide effective and efficient delivery of
extension services on propagation of sustainable agriculture management
and natural resource conservation and production;
10. Improve capacity of farmers organizations/ co-operatives to become
conduits for production, marketing, credit and community-based
agricultural –processing;
11. Develop a positive environment, mutual trust and confidence built among
stakeholders for a lasting peace;
12. Mainstream peace-building, conflict prevention and human security in
the development processes; and
13. Such relevant mechanisms which will virtually address the underlying
conditions of sheer poverty and injustice that constitute the enabling
factors of threats of violence, terrorism, illicit and immoral activities as
enshrined in the Municipal Action Plan on Preventing Violent Extremism
(MAP-PVE) and Anti-terror Act (ATA) of 2020.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 47 of 77
Section 110. AREAS OF ENGAGEMENT. The Municipality commit itself to
secure the people of Tulunan Peace Zones and help sustain their vision towards making
their respective abode a legitimate sanctuary of peace, progressive, livable and dynamic
community for them and their children’s children by building cooperative undertakings
on priority areas: Peace and Security, Capacity Building, Governance and Democracy,
Economic Development, Humanitarian and Social Issues within the framework of the
policy options, guiding principles and mechanisms prescribed and appropriate for
Tulunan Peace Zones.

ARTICLE XVI
INDIVIDUALS IN CRISIS SITUATIONS

Section 111. RIGHT TO PROTECTION AND SECURITY. The right of


women and children to protection and security in situations of emergency, armed conflict,
and militarization shall be secured. To this end:

a. They shall be protected from all forms of gender-based violence, particularly


rape and other forms of sexual abuse, and all forms of violence in situations
of armed conflict;

b. Women, especially Indigenous and Moro peoples, shall not be forced to


abandon their lands, territories, and means of subsistence, or relocate them in
special center for military purposes under any discriminatory condition;

c. In situations of emergency, armed conflict and militarization, the following


shall be observed:
1) In no case shall women and children be forcibly recruited nor
be required to take part in armed hostilities in situations of armed
conflict;
2) Special efforts shall be made to ensure the full participation of
women in the planning and management of relief operations;
3) The Municipality, component barangays and other
stakeholders, shall, in their humanitarian actions, observe and
implement international standards such as the Minimum Initial Service
Package (MISP) for Reproductive Health;
4) In the provision of relief supplies, due consideration shall be
given to the specific requirements of pregnant women, lactating
mothers, sick people, senior citizens, persons with disabilities, and
children;
5) Pregnant and lactating women, women and mothers with
dependent children, women with disabilities who are under custody for
reasons related to armed conflict shall have their cases considered with
utmost priority and humanitarian consideration;
6) There shall be a gender-sensitive custodial facility and conjugal
space;
7) In no case shall civilian casualties be classified as collateral
damages;
8) The MSWDO shall provide psychosocial interventions to
combatants and non-combatants, especially children who suffered
from armed conflict. It may also coordinate with private individuals
and organizations that have the expertise and capacity to assist those
affected; and
9) Concerned Barangay shall provide temporary shelter to
displaced women, senior citizens, PWDs and children in situations of
armed conflict.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 48 of 77
d. All personnel involved in the protection of women and children against
gender-based violence, shall regularly undergo the mandatory training on
gender and human rights, particularly on the cycle and continuum of
violence, counselling and trauma healing;

e. The Municipality, through its component barangays, shall ensure the


establishment of a Violence Against Women and their Children (VAWC)
Desk in every barangay. The Punong Barangay shall designate a VAWC desk
personnel trained in gender-sensitive handling of cases, preferably a woman
barangay kagawad or woman barangay tanod. Continuity of VAWC
programs and services shall be ensured at all times. The VAWC Desk shall,
among others, perform the following tasks:
1) Assist victims of VAWC in securing Barangay Protection
Orders (BPO) and access necessary services;
2) Develop the barangay’s gender-responsive plan in addressing
gender-based violence, including support services, capacity building
and referral system;
3) Respond to gender-based violence cases brought to the
barangay; and
4) Record the number of gender-based violence handled by the
barangay and submit a quarterly report on all cases of VAW to the
DILG and the Municipal Social Welfare and Development Office.

Section 112. ASSISTANCE TO INDIVIDUALS IN CRISIS SITUATIONS.


The Assistance to Individuals in Crisis Situations (AICS) is hereby institutionalized in the
Municipality. The AICS is one of the best practices and flagship charity services of the
Municipality under its Poverty Reduction Program.

Section 113. AICS PROGRAM INTERVENTION AND SERVICES. The


following are the intervention and services being implemented in relation to AICS:

1. Case Counseling and Mediation Services (individual, marital, family);


2. Case Conferences and attendance to Court Hearings (VAWC-cases, child
Abuse cases, CICL- cases, Legal Adoption cases);
3. Community counseling and attendance to Barangay
Assemblies/Conferences;
4. Protective Custody Services (temporary custody, foster parenting);
5. Rehabilitation, Reintegration, After-Care Services, and Empowerment;
6. Activities for Former Rebels (FRs), Persons Who Used Drugs (PWUD),
Former Prisoners/Ex-convict, Children in conflict with Law (CICL),
Children at Risks (CAR), Children in Situation of Armed Conflicts
(CSAC), Survivors/Victims of VAWC and Domestic Violence and other
forms of abuse, Exploitations and Discriminations, Mentally-challenged
persons, and OSY and OSC-Out of School Youth and Out of School
Children, Persons in Detention:
a. Financial assistance for medical, psychiatric, and psychological
examinations, rehabilitative and prolonged treatments;
b. Educational assistance/scholarship grants;
c. Cash capital or Starter kits for Sustainable Livelihood Assistance/
income generating projects;
d. Capability and capacity trainings and seminars;
e. Referrals and Job Placement;
f. Cash for work assistance;
g. Food for work assistance;
h. Shelter assistance; and

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 49 of 77
i. Legal Assistance for the speedy trial/court hearings of client/s
cases.
7. Pre-Marriage Counseling and Seminars

This PMCS is required for all marriage-applicants/Marriage License-Applicants


regardless of age, race, nationality, ethnicity, social-cultural and economic status,
religious affiliations, and educational attainments pursuant to Article 16 of the Family
Code of the Philippines.

Section 114. WOMEN, MEN, AND CHILDREN IN SITUATIONS OF


HUMAN-INDUCED CONFLICTS. Delivery of emergency relief and other basic
services of Tulunan Municipality to women, men, and children in situations of human-
induced conflicts shall be kept unhampered. And these people should not be attacked, but
instead protected from any form of violence, threat, assault, torture, and other inhuman
and degrading treatment.

Furthermore, women, men, and children in these situations shall not be recruited
to become members of any armed groups and take part in violent armed fighting, or used
as guides, couriers, or spies.

Section 115. WOMEN, MEN, AND CHILDREN IN CRISIS SITUATION


AND IN DIFFICULT CIRCUMSTANCES. The Municipality shall provide relevant,
proper, and appropriate assistance to women, men, and children in especially difficult
circumstances and in- crisis situations. This assistance may be in the form of, but not
limited to:
a. poverty reduction programs and sustainable livelihood projects;
b. medical assistance and health insurance coverage;
c. emergency assistance (cash and food);
d. case counseling and other psychosocial interventions and services;
e. protective and legal services;
f. Psychiatric Treatment and Psychological Evaluation Assistance;
g. rehabilitation, after-care and community reintegration services;
h. food for work and food for trainings assistance; and
i. financial assistance/cash for work & cash for trainings/seminars assistance
and other privileges/assistance that the government may provide.

ARTICLE XVII
CIVIL REGISTRATION

Section 116. REGISTRATION OF CHILDREN IN NEED OF SPECIAL


PROTECTION (CNSP). Civil registration standards shall be established for registering
children in need of special protection (NSO MC No. 2004-01). This is in consonance
with the principles of First Call for Children as enunciated in the United Nations
Convention of the Rights of the Child. This convention calls on all governments to
provide special protection for children, and that every effort shall be exerted to promote
their welfare and offer them opportunities for useful and happy lives.

Section 117. CIVIL REGISTRATION ADVOCACY. It shall be the


responsibility of the institution/agency and/or the person who attended to the delivery of
the child to report the event to the Local Civil Registrar. In cases of delayed registration,
it is the registrant who should secure own registration if he/she is eighteen years old or
above. For those below eighteen, it shall be the parents or the nearest legal-aged adult
kin who should help process the child’s birth registration (Rule 21, AO No. 1 s. 1993,
IRR of R.A. No. 3753).

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 50 of 77
Aside from the responsible officers/personnel articulated in the Civil Registry
Law, involving and engaging the services of barangay officials and other civil
registration agents, converging all efforts shall ensure wide coverage of accomplishment.

To this end, the Municipality through the LCR shall ensure that the child/children
is/are duly and officially registered, making sure that all entries in the Certificates of Live
Birth are technically and clerically correct.

Section 118. CIVIL REGISTRATION FOR INDIGENTS AND SENIOR


CITIZENS. Every Tulunan citizen has the right to a birth certificate to secure one’s
origin and nationality. It will also safeguard the citizen’s rights to education, health,
family environment, protection against exploitation and abuse, juvenile justice and state
benefits, and participation in the society.

The Office of the Municipal Civil Registrar and the Municipal Social Welfare and
Development Office shall formulate guidelines for proper implementation.

Section 119. BIRTH REGISTRATION FOR MORO AND INDIGENOUS


PEOPLES/INDIGENOUS CULTURAL COMMUNITIES (IPs/CCs). The Local
Civil Registrar shall recognize and respect the customs of the Moro and IP using their
paternal and maternal grandparents’ names as surnames in registering their children.
These registered names shall become their formal and official appellations they can use
in all official documents (Rule 7.2, Administrative Order No. 1, s. 2005 and Chapter VI,
Section 9, R.A. No. 8371).

Section 120. MOBILE CIVIL REGISTRATION. To make civil registration


more accessible, less tedious and costly for Tulunan residents, a Mobile Civil
Registration shall be conducted covering all 29 barangays of the Municipality.

Section 121. KASALAN NG BAYAN. Mass Civil Wedding/Kasalan ng Bayan


as a special program shall be conducted regularly to raise awareness on the importance of
Marriage in strengthening family as a basic social foundation. Marriage registration also
paves the way for availment of services and benefits accruing to Tulunan residents.
Thus, the holding of mass civil wedding shall be sustained and supported.

Section 122. MARRIAGE REGISTRATION FOR MORO AND


INDIGENOUS PEOPLES. Marriage performed according to customary laws, rites,
tradition, and practices of Moro (Muslim) people and IP shall be recognized as valid, and
can be registered with validating testimony from the authorized solemnizing officer (Rule
9, Administrative Order No.1, s. 2005 and Chapter VI, Section 8, R.A. No. 8371 also
known as IPRA Law).

Section 123. ROLE OF BARANGAY OFFICIALS. All barangay chairpersons


are mandated to disseminate the information and assist in the registration of births,
deaths, and marriages occurring within their barangays (Section 7, PD No. 651). The
barangay secretaries, meanwhile, are mandated to assist the local civil registrar in the
registration of births, marriages, and deaths that occur in their jurisdictions (Rule 6, AO
No. 1 s. 1993, IRR of R.A. No. 3753, Section 394 d.5 of R.A. No. 7160).

ARTICLE XVIII
ENVIRONMENT AND THE ECOSYSTEM

SECTION 124. PRESERVING THE INTEGRITY OF MOTHER NATURE.


The Municipality shall intensify the implementation of Gender-responsive PPAs, and
enforcement of stringent policies aimed at preserving the rhythm and harmony of nature

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 51 of 77
for the enjoyment of a balanced and healthful ecology as stipulated under existing
environmental laws and the Municipal Environment Code of Tulunan.

Verily, this vital provision aims to arouse consciousness about environmental


activism which shall draw support from various government agencies, offices (public and
private, by invoking their Corporate Social Responsibility), numerous organizations of
the civil society and the general populace following the basic assertion that the matter of
maintaining, protecting and enhancing the quality of the “environment is everybody's
business”.

Thus far, the Municipality shall continue to support and sustain relevant PPAs and
services through:
a. judicious and equitable use of natural resources in its quest for sustainable
development;
b. active and conscious promotion of the use of environment-friendly and
appropriate technologies in all development related activities;
c. strict enforcement of pertinent laws and issuances on environmental
protection and enhancement; and
d. active involvement of the people of Tulunan in all environmental
undertakings, i.e. advocacy on environmental protection, Environmental
Summit to manifest their right to a balanced and healthful ecology in accord
with the rhythm and harmony of nature, greening or tree planting program,
cleanliness and beautification or the malinis at kaaya-ayang kapaligiran
program, adopt a street, river, or creek, etc.

Section 125. WASTE AND GARBAGE DISPOSAL SYSTEM. The


Municipality shall provide emphasis on the importance of comprehensive segregation,
collection and proper disposal programs in support of the implementation of Waste and
Garbage Disposal system pursuant to and consistent with Republic Act No. 9003,
otherwise known as the Ecological Solid Waste Management Act of 2000, which
provides the necessary policy framework, institutional mechanisms and mandate to the
local government units (LGUs) to achieve 25% waste reduction through establishing an
integrated solid waste management plan.

Apropos, the Municipality shall institute measures to reduce production of non-


biodegradable wastes by regulating the use of plastic materials, Styrofoam and
polystyrene-based food packaging products, in serving food and beverages during
meetings, seminar/workshop, consultations, conferences, festivals and similar activities
conducted within the territorial jurisdiction of Tulunan.

Section 126. DISPOSAL OF EMPTY CONTAINERS OF HAZARDOUS


CHEMICALS. The Municipality shall formulate policies and programs for proper and
responsible disposal of empty containers of hazardous chemicals pursuant to existing
laws and consistent with the prescribed waste disposal policies issued by the Fertilizer
and Pesticide Authority (FPA).

Section 127. DISPOSAL OF MEDICAL/HOSPITAL WASTES. During these


times of heightened environmental consciousness, addressing the issue of proper
medical/hospital wastes, management disposal become the paramount concern of the
people of Tulunan. Therefore, all hospitals, clinics, medical laboratories, pharmacies and
other health providers shall be required to establish their respective proper disposal
system and practices.

To this end, efforts shall be taken to observe, abide by and implement proper
disposal of health care wastes in accordance with the policies and guidelines per Revised

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 52 of 77
Health Care Wastes Management Manual of the DOH and pursuant to the Clean Air Act
of 1999 and the Solid Waste Management Act of 2000.

Section 128. BEAUTIFICATION AND GREENING PROGRAM. The


Municipality of Tulunan shall formulate and implement a comprehensive plan and
strategy for beautification and greening program with emphasis on the innovative use of
3Rs (reduce, reuse and recycle) to reduce/eliminate mounting of wastes and conserve
natural resources by implementing such “green” practices and programs from the
community level down to the neighborhood.

Section 129. ENVIRONMENT-FRIENDLY BACKYARD LIVELIHOOD.


The Municipality of Tulunan shall support the organic backyard livelihood projects in
support to the food security related programs. Corollary to the immediate preceding
section hereof, backyard livelihood may be undertaken through the innovative use of 3Rs
(reduce, reuse and recycle) to prevent mounting wastes and, by reasons of economy, it
shall be conceptualized through the sheer spirit of FAITH (Food Always In The Home) –
a sustainable and holistic community development not just feeding the physical but also
to immerse people in spiritual transformation through Character and Values formation.

Section 130. SEWAGE AND SEWERAGE SYSTEMS. The Municipality of


Tulunan shall establish and maintain sewage and sewerage systems to prevent sludge,
sewage contaminated with feces or urine, and effluent, avoid flooding of waste waters,
prevent the spread of water borne-diseases and contamination of potable water sources,
farm lands, residentials and commercial areas.

Pursuant to Republic Act No. 9275, or the Clean Water Act of 2004, the
Municipality shall likewise pursue a more efficient and effective approach to promote
and encourage pollution reduction, prevent, abate and control water pollution for the
effective utilization of water resources. To this end, it shall require all public and
commercial plants/facilities the establishment of their respective wastewater treatment
plant/facility.

ARTICLE XIX
CYBERSECURITY IN SOCIAL MEDIA PLATFORMS

Section 131. THREATS ON SOCIAL MEDIA PLATFORMS. Computers,


mobile phones, and the internet have changed modern life. However, information
technology also makes us vulnerable to a wide range of threats. These threats may result
in financial loss or damage to one’s reputation mostly victimizing the minors. A minor
lapse in managing various digital platforms can open the door to cybercriminals.

To this end, the Municipality shall formulate stringent policies, programs and
services that will monitor, track and preclude the occurrence of cybercrimes in various
social media sites and platforms.

Section 132. CHILD PORNOGRAPHY OR CHILD SEXUALLY ABUSIVE


MATERIAL (CSAM). Child sexually abusive material (CSAM) refers to a material
containing sexual images in any form, of a child who is abused or sexually exploited.
Republic Act No. 9775, states that “it is punishable for publishing or transmitting of
material depicting children in the sexually explicit act, etc. in electronic form.

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of child pornography or CSAM pursuant to and
accordance with the Convention on the Rights of the Child and Republic Act No. 9775 or
the Anti-Child Pornography Act of 2009, and the Anti-Photo and Video Voyeurism Act
of 2009.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 53 of 77
Section 133. CYBER BULLYING. Cyber bullying is a form of harassment or
bullying inflicted through the use of electronic or communication devices such as
computers, mobile phones, laptops, etc.

To this end, the Municipality shall enact necessary adopting the anti-bullying
policy in school and social media, formulate programs and provide services to victims of
cyber bullying pursuant to and in accordance with Republic Act No. 10627 or the “Anti-
Bullying Act of 2013”.

Section 134. SEXUAL GROOMING. Sexual grooming of a child is


criminalized under Philippine Laws and is defined as “the act of preparing a child, or
someone who the offender believes to be a child, for sexual activity or a sexual
relationship by communicating any form of child pornography. It includes online
enticement or enticement through any other means.”

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of sexual grooming pursuant to and in accordance with
the following laws:

a. R.A. No. 9208, the Anti-Trafficking in Persons Act of 2003, as expanded by


R.A. No. 10364, wherein it punishes the act of recruitment, transportation,
transfer, harboring, adoption, providing, offering, maintaining or receipt of a
child for the purpose of pornography. Pornography is defined by the law as
any representation through information technology or whatever means of a
person engaged in real or simulated explicit sexual activities or any
representation of the sexual parts of a person for primarily sexual purposes.
This includes WCST, or the use of webcams in broadcasting sexual abuse of
children to paying customers. The minority of the victim qualifies the offense
of trafficking in persons and carries a penalty of life imprisonment.

b. R.A. No. 10175, the Cybercrime Prevention Act of 2012, it increases the
penalties of offenses in the Anti-Child Pornography Act when they are
committed through a computer system.

c. R.A. No. 7610, the Special Protection of Children Against Abuse,


Exploitation and Discrimination Act, more commonly known as the “Child
Abuse Law” provides special protection to children, which include not only
those below 18 years old, but also individuals who are unable to protect
themselves from harm due to a physical or mental disability or condition. The
law punishes the sexual abuse of a child in various forms, including child
prostitution, child trafficking, other neglects of cruelty and abuse, obscene
shows and employment of children beyond safe parameters.

Section 135. ONLINE SEXTORTION. Online Sextortion occurs when someone


threatens to distribute private and sensitive material using an electronic medium if he/she
doesn’t provide images of a sexual nature, sexual favors, or money. Furthermore, the
Cybercrime Prevention Act of 2012 defines cybersex as “the willful engagement,
maintenance, control, or operation, directly or indirectly, of any lascivious exhibition of
sexual organs or sexual activity, with the aid of a computer system, for favor or
consideration.”

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of online sextortion which is also punishable under Anti-
Photo and Video Voyeurism Act of 2009.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 54 of 77
Section 136. ONLINE JOB FRAUD. Online Job Fraud is an attempt to defraud
people who are in need of employment by giving them false hope/promise of better
employment with higher wages.

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of online job fraud which is punishable under R.A. No.
1175 or the Cybercrime Prevention Act of 2012, Article 1338 of the Civil Code of the
Philippines, and Articles 315 and 318 of the Revised Penal Code.

Section 137. SEXTING. Sexting is an act of sending sexually explicit digital


images, videos, text messages, or emails, usually by cell phone.

Furthermore, the Cybercrime Prevention Act of 2012 defines cybersex as “the


willful engagement, maintenance, control, or operation, directly or indirectly, of any
lascivious exhibition of sexual organs or sexual activity, with the aid of a computer
system, for favor or consideration.”

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of sexting or cybersex.

Section 138. ONLINE DRUG TRAFFICKING. Online drug trafficking is a


crime of selling, transporting, or illegally importing unlawful controlled substances, such
as heroin, cocaine, marijuana, or other illegal drugs using electronic means.

To this end, the Municipality shall enact necessary measures, formulate programs
and provide services to victims of online drug trafficking pursuant to and in accordance
with Republic Act No. 9165 also known and cited as the “Comprehensive Dangerous
Drugs Act of 2002”.

CHAPTER III
INSTITUTION DEVELOPMENT AND MECHANISMS

ARTICLE I
GAD RESPONSIVE LEGISLATION

Section 139. OBJECTIVES. The Sangguniang Bayan plays a pivotal role in


sustaining the Gender and Development agenda of the Municipality by advancing the
interest of women, the marginalized and vulnerable sectors through equal and meaningful
participation in politics, provisions for decent work, ending violence against women and
girls, decreasing maternal mortality and fulfilling the goal of social inclusion, shared
prosperity and inclusive governance all chart in the legislative boardroom.

As such, local legislators need to be able to identify and understand issues relating
to gender. Having a clear grasp of the issues allows legislators to make strategic policies
that respond to the specific needs of their constituents a significant role in advancing
gender equality, responsiveness and empowerment of the marginalized people.

Section 140. ENGAGEMENT AREAS FOR PRIORITY LEGISLATION.


Consistent with various laws advocating Gender and Development, the Sangguniang
Bayan of Tulunan shall vigorously pursue, advance and sustain the core trusts of
Sustainable Development Goals (GOAL 2030) by developing policies that are geared
towards eradicating poverty and hunger, promotion of gender equality and women
empowerment, improvement of the living conditions of people living below the
subsistence threshold, respect for parity right of those who have less in life, among
others.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 55 of 77
ARTICLE II
UNPAID CARE WORKS

Section 141. EMANCIPATING THE UNPAID CARE WORKERS. The


Municipality shall undertake measures or programs that shall emancipate the
marginalized women and children from social inequities. Unpaid care works virtually
constitute a major GAD-related issue especially affecting the marginalized women and
children which can be addressed through the consideration of 3Rs (Recognition,
Reduction and Redistribution) as introduced by the United Nations, thus:

a. Recognition means that the unpaid care work done mainly by women is
acknowledged as work and production. This can be done through gathering
qualitative and quantitative data that can be used in designing appropriate
programs, projects and activities to address this issue such as providing
unpaid care workers with social security benefits, among others;

b. Reduction of unpaid care work involves reducing the burden for the
individual (usually a woman). This frees time for women and girls to pursue
other activities such as formal jobs or political participation. Unpaid care
work can be reduced through the introduction of infrastructure and
technology provisions such as third level water system that provides easier
access to clean drinking water reducing the amount of time spent collecting
water. The burden of unpaid care work can also be reduced through increased
public services like child care; and

c. Redistribution can be done through distribution of unpaid care works among


men and women in the sheer spirit of shared responsibility within and among
the households, community and the society.

Section 142. VALUING OF UNPAID CARE WORKS. The Municipality shall


initiate programs, projects and activities which will value “unpaid care work” through
advocacy and introduction of appropriate GAD programs, projects and activities
implementing the strategic 3Rs (Recognition, Reduction and Redistribution).

ARTICLE III
PEOPLES CARE CENTERS

Section 143. SENIOR CITIZENS CARE CENTER. The Municipality of


Tulunan shall have a Municipal Senior Citizens Care Center which shall be replicated by
all Barangays for the protection and promotion of the rights and welfare of the Elderly
and Senior Citizens, and to administer, implement, and deliver the basic programs and
services, projects and empowerment activities designed for their happiness, self-worth
and contentment, and life-fulfilling aspirations and achievements.

Section 144. PERSONS WITH DISABILITIES CARE CENTER. The


Municipality of Tulunan shall have a Persons with Disabilities Care Center which shall
be replicated by all Barangays for the protection and promotion of the rights and welfare
of the Persons with Disabilities, and to administer, implement, and deliver the basic
programs and services, projects and empowerment activities for their happiness, self-
worth & contentment, and life-fulfilling aspirations and achievements.

Section 145. CHILD MINDING CENTER. The Municipality of Tulunan shall


establish and maintain a Child Minding Center for LGU employees’ children. The project
aims to help working parents in ensuring that they have a safe place to leave their child
while they are at their respective workplace.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 56 of 77
Section 146. BALAY KANLUNGAN. The Municipality of Tulunan shall have
community-based culturally conscious and sensitive community-based Balay Kanlungan
programs and policies for mentally-challenged individuals as a provisional care,
intervention and protective custody.

Section 147. BALAY PAGLAUM. There shall be established in the


Municipality a Youth Care Center or a Welfare Home to be known as “Balay Paglaum”
for Children in Conflict with the Law (CICL) or Minor Offenders, Children in Situations
of Armed Conflicts, and for Children at Risks, as required by the R.A. No. 9344. This
center shall provide temporary shelter and protective custody for CICL or minor
offenders, children in situation of armed conflicts, and children at risks who are
undergoing disciplinary measures/counseling and other intervention services, and
diversion programs being managed by the MSWDO in partnership with the PNP-
WCPDO, MHO, DepEd, AFP-PA, and BLGU.

Section 148. BALAY TULUN-AN. There shall be created a gender friendly


Municipal Knowledge Center/Balay Tulun-an which shall serve as:
 Repository of information and source of knowledge on gender and
related concerns;
 Exhibit area for GAD good practices of Tulunan;
 Venue for counseling and healing, small group discussions, seminars,
conferences, and other similar educational activities on women’s and
children’s issues, marriage, and other gender-related priority concerns;
and
 GAD Public Information Center that takes care of formulating the
information, promotion, and campaign plan for advancing this Code and
mainstreaming gender in all aspects of local governance and community
life of people.

Section 149. HEALTH CENTERS AND NUTRITION POSTS. There shall be


established one health center for each barangay and one nutrition post for each purok to
facilitate delivery of basic services, provide easy accessibility, and establish affordability
of basic health services, including nutrition improvement and comprehensive
reproductive health service, and maternal-and-newborn care package.

Section 150. BIRTHING CENTERS. The DOH-PhilHealth accredited Birthing


Centers shall be established in Barangay Clusters which will provide services for birth
deliveries and prevent occurrence of complications during delivery. Trained midwife
and/or health worker shall manage and supervise the center, and are tasked also to assist
in improving maternal and child health care in the barangay.

Section 151. LABOR AND EMPLOYMENT ASSISTANCE CENTER. There


shall be created a Labor and Employment Assistance Center in the Municipality to take
care of labor and employment-related issues and concerns such as:
a. non-discriminatory employment information and placement,
b. non-compliance of labor laws and standards,
c. employment-related grievances, and
d. job-creation, enterprise and livelihood activities.

Section 152. TULUNAN COMMUNITY DEVELOPMENT CENTER.


Pursuant to Ordinance No. 020-2011, establishing the Tulunan Community Development
Center, the Municipality shall pursue its commitment in pursuit of sustainable
development, just and lasting peace and emancipation of poverty as highly anticipated by
the people belonging to the marginalized communities and peace zones of Tulunan.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 57 of 77
Section 153. MUNICIPAL WELFARE HOME OR BALAY TALATAPAN.
The established and existing Municipal Crisis Intervention Center (MCIC) shall be
known as the Municipal Welfare Home or Balay Talatapan for abused women and
children, and shall be continually supported and strengthened to become more effective
in providing security, protective custody, and temporary shelter with home care services
for victims of crimes and violence, especially the women and children.

Section 154. EARLY CHILDHOOD CARE AND DEVELOPMENT


CENTER. There shall be a Child Development Center in every barangay and far flung
sitios pursuant to R.A. No. 6972 otherwise known as Barangay Level Total Development
and Protection Children Act Law and basic facilities, learning materials and play
equipment shall be provided thereof, and in consonance with R.A. No. 8980 Early
Childhood Care and Development (ECCD).

The Child Development Center provides a wholesome place for the development
of pre-school children through proper implementation of Day Care Service which
promotes the physical, intellectual, and social well-being of children while parents are
physically and emotionally unable to do so. It also serves as:
a. venue for children interacting and creating relationships with their peers and
other members of the community;
b. venue to conduct a sustainable massive supplementary feeding program for
malnourished children affected by food-crisis/ lean months; and
c. venue for the conduct of Day Care Parents Effectiveness Service/Periodic
Empowerment Seminars to guardians/parents.

The service providers of all barangay child development centers are commonly
known as child development workers of Tulunan and are entitled for government
assistance to enhance their knowledge and skills in handling children, and shall be
compensated accordingly.

Section 155. INDIGENOUS PEOPLES STRUCTURE (IPS) AND


CULTURAL HERITAGE. IPS refers to organizational and cultural leadership systems,
institutions, relationships, patterns and processes for decision-making and participation,
identified by ICCs/IPs existing in the Municipality such as, but not limited to, Council of
Elders, Tribal Peace Patrollers (TriPP) and/or any other tribunal or body of similar
nature.

To this end, the Municipality shall respect and recognize the IPS by providing
support and necessary assistance to the tribal community based on their customary laws
and rich cultural heritage, both tangible and intangible, and those which were embodied
in their IPS. As a source of identity, heritage is a valuable factor for empowering tribal
communities and enabling vulnerable groups to participate fully in social and cultural
life.

ARTICLE IV
GAD DATABASE

Section 156. MANDATE. The OMPDC shall maintain a GAD Database as


source of information for gender-responsive planning, programming and policy
formulation.

Section 157. GAD BASELINE DATA. To set up the GAD Database, the
OMPDC shall establish/utilize GAD database, planning and data-gathering tools and
management information systems to generate gender statistics, age and sex-disaggregated
data and other GAD-related information from primary and secondary sources of data
such as surveys, studies, focus group discussion (FGD) results, progress reports,

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 58 of 77
monitoring and evaluation results and Overseas Development Assistance (ODA) reports,
including activities under the Philippine Statistics Authority (PSA)-led Community-
Based Monitoring System (CBMS) pursuant to Republic Act No. 11315.

Section 158. PURPOSE OF THE LGU GAD DATABASE. As gender statistics


and GAD-related information are crucial for evidenced-based planning and
policymaking, the GAD Database shall serve the following purposes:
a. To aid in gender analysis by surfacing gender gaps and/or differences among
women and men in terms of their access to basic services and facilities,
control of resources and enjoyment of rights, privileges, benefits and rewards.
Information resulting from gender analysis shall be considered and integrated
into the GPB and the gender-responsive CDP/ELA.
b. To provide information on the extent of implementation and/or attainment of
gender equality and women empowerment goals and outcomes.
c. To provide baseline data on the status of women and men in the LGU as
provided for by the JMC issued by the concerned oversight agencies.

Section 159. GAD INDICATORS. The GAD Database contains the minimum
GAD indicators matched with the biophysical, socioeconomic, cultural and built
environment components of the Ecological Profile (EP). The GAD indicators are derived,
among others, from the sectoral and gender mainstreaming provisions of the GAD Code
and the Gender-responsive LGU Tool (GeRL Tool) Self-Assessment. Demographic and
social development indicators are drawn from CBMS, LGPMS and data producing
agencies such as the NSO, NSCB, DSWD and DepEd. The MPDC shall exhaust all
available resources for the collection and processing of data requirements of the GAD
Database.

Section 160. GAD CAPABILITY BUILDING. Concerned Municipal and


barangay officials and employees shall be capacitated to develop and/or enhance their
GAD Databases. Barangay GFPS shall gather and process sex-disaggregated data and
GAD-related information for submission to the municipality. The municipality shall
consolidate the same for data processing, data analysis and data updating and
maintenance of their GAD databases.

The consolidated municipal data shall be submitted to the Provincial Government


of Cotabato for updating and maintenance of the Provincial GAD database.

ARTICLE V
GAD PLAN AND BUDGET

Section 161. GAD PLAN AND BUDGET. The Annual GPB shall be formulated
within the context of the LGU’s mandate to ensure gender mainstreaming in its policies,
programs and projects.

GAD planning and budgeting shall be integrated in the regular activities of the
LGUs, the cost of implementation of which shall be at least five percent (5%) of their
total Annual Budget. The development, allocation and utilization of the GPB shall be
implemented in accordance with the guidelines set by the oversight committee consisting
of DILG, PCW, NEDA and DBM.

The GAD planning and budgeting process shall be incorporated in the Annual
Investment Program/Plan, the Executive-Legislative Agenda (ELA), and in sector plans.
It shall also be guided by the desired outcomes and goals embodied in the MCW, the
PPGD, other GAD-related laws, policies and term plans as well as in the UN CEDAW
and other relevant international commitments to include SDG (Sustainable Development
Goals) 2030.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 59 of 77
Section 162. GPB FORMULATION. The GPB shall be prepared by the
concerned office duly assisted and consolidated by the GFPS based on the results of
gender analysis and gender audit, particularly the application of the Gender
Mainstreaming Evaluation Framework (GMEF) (per PCW Memorandum Circular 2016-
6) and shall be submitted on or before January of the ensuing year.

Section 163. GENERAL GUIDELINES.

a. GAD planning and budgeting shall be integrated in the regular activities of


the Municipality, the cost of implementation of which shall be at least five
percent (5%) of its total Annual Budget. The development, allocation and
utilization of the GPB shall be implemented in accordance with JMC 2013-
01;

b. The preparation of the GPB shall be synchronized with the planning and
budgeting calendar pursuant to DILG-NEDA-DBM-DOF JMC No. 1 series
of 2007: Guidelines on the Harmonization of Local Planning, Investment
Programming, Revenue Administration, Budgeting and Expenditure
Management;

c. The GAD planning and budgeting process shall be incorporated in the


Comprehensive Land Use Plan (CLUP), Comprehensive Development Plan
(CDP), Annual Investment Program, the Executive-Legislative Agenda
(ELA) and in sector plans, e.g. disaster risk reduction and management
(DRRM) plan. It shall also be guided by the desired outcomes and goals
embodied in the MCW, the PPGD, other GAD related laws, policies and
term plans as well as in the UN CEDA and other relevant international
commitments;

d. In identifying GAD PPAs, the Municipality shall at all times give priority to
those that will address emerging and/or continuing issues and concerns on:
1) Provision of basic services and facilities to protect and fulfill
women's human right, including their right to protection from all
forms of violence;
2) Women's economic empowerment, including women's
participation in economic governance;
3) Participation in local governance and decision-making; and
4) Other provisions of the MCW.

e. For effective planning and implementation of GAD PPAs, the Municipality


shall ensure that the essential elements in GAD planning and budgeting are
in place. Specifically, these elements include the a) creation and
strengthening of the LGU GFPS; b) capacity development on gender
mainstreaming, gender-responsive planning and budgeting, gender analysis
and gender assessment; development and utilization of GAD tools; and c)
institutionalization of GAD database;

f. The LCE shall ensure that the GPB is provided with adequate resources. As
such, the implementation of the GPB shall not be affected by austerity
measures;

g. The GAD Budget, which is the cost of implementing the GAD plan shall
form part of and is not in addition to the LGUs' Annual Budget;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 60 of 77
h. LGU shall consult with their employees and constituencies through
accredited women or people/civil society organizations, foundations,
interfaith organizations, among others to ensure the relevance of their GPBs;
and

i. GAD planning and budgeting shall adhere to Executive Order 43 s. 2011,


Pursuing our Social Contract with the Filipino People through the
Reorganization of the Cabinet Clusters. As such, LGUs shall strengthen
their capacity to link their budget with performance and shall enable citizens
and civil society to monitor and evaluate these: promote equal gender
opportunities in their public policies and programs and ensure transparent,
accountable, participatory and inclusive governance resulting to direct,
immediate and substantial benefits for the poor.

Section 164. GUIDELINES IN THE FORMULATION OF THE GAD PLAN


AND BUDGET (GPB).

a. In consultation with local functionaries and stakeholders, the GFPS shall set the
GAD agenda or identify priority gender issues to be addressed by the LGU
during the three-year term of its leadership. The GAD agenda shall be the basis
for the annual formulation of PPAs to be included in the GPB. The GAD agenda
or the priority gender issues, mandates and targets may be derived from the
following:
1) Review of GAD-related laws and policies relevant to the LGU such as
those mentioned in Section 2.0 and item C.l.4 of the JMC.
2) Results of gender analysis and/or gender assessment using the sex-
disaggregated data/information from the LGU GAD database, the
Ecological Profile, the CBMS and/or LGPMS and NHTS-PR as well
as information from major programs and services of the LGU that
reflect the gender gaps and/or issues faced by program/service
beneficiaries, women and men constituent and employees;
3) Results of program and project evaluation in terms of benefits to
target beneficiaries; and
4) Review of findings from the audit of GAD funds and GAD ARs to
surface remaining gender issues that have not been addressed in
previous GPBs.

b. Identify appropriate PPAs to address priority gender issues that are included in
the GPB. PPAs may be client-focused or those addressing gender mainstreaming
in regular flagship PPAs; as well as organization-focused or those addressing
gender issues of the LGU and its personnel.

c. The GAD Budget is prepared based on the estimated costs of functions (e.g.,
Personnel Services, Maintenance and Other Operating Expenses, and Capital
Outlay) and PPAs translated from the demands/commitments identified in the
GAD Plan.

d. Fill out the GPB and GAD AR forms (Refer to Annex D; Guide in Completing
the LGU GAD Plan and Budget Form; and Annex E: Guide in Completing the
LGU GAD Accomplishment Report Form).

SECTION 165. MODE OF ALLOCATION.

a. The LGU shall directly allocate at least 5% of its Annual Budget Allocation to
support the operation of GAD PPAs that shall address:
i. Poverty, Marginalization and Vulnerability;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 61 of 77
ii. Employment Programs for marginalized sector and students;
iii. Migrant Workers Programs for OFW groups and families, distressed,
rescued and sick OFWs;
iv. Reproductive Health and Nutrition;
v. Basic Health Services;
vi. Basic education;
vii. Basic Services;
viii. Substance abuse;
ix. Basic Social Welfare, Social Protection and other Psychosocial
Intervention Programs and Services; and/or
x. Other Gender and Development issues and concerns.

b. The LGU may attribute other existing PPAs to GAD.

Section 166. BUDGET BY ATTRIBUTION. In consonance with the Fund


Operation Manual for LGUs, the following items of appropriations shall be included by
attribution in the Annual General Fund Budget of the Municipality:
a. PPAs and services that will address the needs of senior citizens and
differently-abled persons pursuant to the applicable provisions in the annual
General Appropriations Act (GAA) and R.A. No. 7432 (An Act to
Maximize the Contribution of Senior Citizens to Nation Building, Grant
Benefits and Special Privileges and for Other Purposes), R. A. No. 7876
(An Act Establishing a Senior Citizens Center in All Cities and
Municipalities of the Philippines, and Appropriating Funds Therefore), and
R. A. No. 7277 (Magna Carta for Disabled Persons) as amended by R. A.
No. 9442;
b. Facilities that will enhance the mobility, safety and welfare of differently-
abled persons pursuant to R. A. No. 7277 and Batas Pambansa Blg. 344;
c. Community-based Human Immunodeficiency Virus/Acquired Immune
Deficiency Syndrome (HIV/AIDS) prevention and care services pursuant to
R. A. No. 8504 (Philippine AIDS Prevention and Control Act of 1998);
d. Implementation of the programs of the Local Councils for the Protection of
Children (LCPC) pursuant to R. A. No. 9344 (Juvenile Justice and Welfare
Act of 2006). One percent (1%) of the IRA of LGUs shall be allocated for
the strengthening and implementation of the programs of the LCPC;
e. Construction of facilities that is gender-responsive to the needs of children,
women and vulnerable/marginalized sectors; and
f. And such PPAs passed according to HGDG and GERL tool standards.

Section 167. CLIENT AND ORGANIZATION-FOCUSED PPAs. Client-


focused activities are activities that seek to address the gender issues of the constituents
or contribute in responding to the gender issues and concerns, such as:
a. the conduct of massive information education campaign on the social
protection program or scheme;
b. assist in the enrollment of the marginalized and indigent women to the
Philhealth scheme; and
c. implementation of measures that guarantee the access of women to social
protection.

Conversely, the organization-focused activities seek to:


a. create the organizational environment for implementing gender-responsive
policies, programs, projects and services;
b. address the gap in knowledge, skills and attitudes of key personnel on
gender mainstreaming; and
c. address the gender issues of employees in the workplace subject to the
mandate of the organization.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 62 of 77
Section 168. EXPENSES THAT CAN BE CHARGED TO THE GAD
BUDGET.

a. PPAs included in the duly approved GAD plan, including relevant expenses
such as supplies, travel, food, board and lodging, professional fees, among
others;
b. Capacity development on GAD (e.g. Gender Sensitivity Training; Gender
Analysis, Gender responsive Planning and Budgeting.);
c. Activities related to the establishment and/strengthening of enabling
mechanisms that support the GAD efforts (e.g. GAD Focal Point System,
VAWC desk);
d. Salaries of personnel assigned to plan, implement and monitor GAD PPAs
on a full-time basis, following government rules in hiring and creating
positions;
e. Time spent by the GFPS members or employees doing GAD related work.
Overtime work rendered in doing GAD related PPAs may be compensated
through a compensatory time off (CTO), following government accounting
and auditing rules and regulations;
f. Salaries of personnel hired to manage/operate the GAD Unit;
g. Programs that address women’s practical and strategic needs (e.g. Crisis
Intervention Center, child minding center, breastfeeding stations/rooms,
crisis or counseling rooms for abused women and children, halfway houses
for trafficked women and children, gender-responsive family planning
program;
h. Construction and maintenance expenses for the following:
1) Child Development Centers;
2) Waiting Homes for pregnant;
3) Halfway Home for PWUDs;
4) Municipal Crisis Intervention Center/Balay Talatapan;
5) Senior Citizens Care Center;
6) PDAO/PWD Care Center;
7) Balay Paglaum;
8) Adolescent Health Friendly Facility;
9) Teen Center;
10) Knowledge Center;
11) Public Breastfeeding Corner;
12) Public Birthing Facility;
13) Child Minding Corner;
14) Gender Sensitive Custodial Facility;
15) Conjugal Visit Room;
16) And such other facilities.
i. Consultations conducted to gather inputs for and/or to disseminate the GAD
plan and budget;
j. Payment of professional fees, honoraria and other services for gender
experts or gender specialists engaged by Municipality for GAD-related
trainings and activities; and
k. IEC activities (development, printing and dissemination) that support the
GAD PPAs and objectives of the Municipality.

Section 169. EXPENSES THAT CAN NOT BE CHARGED TO THE GAD


BUDGET.

a. Programs, projects, activities (PPAs) that are not in the approved GAD plan;
b. Personal services of women employees unless they are working full time or
part time on GAD PPAs;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 63 of 77
c. Honoraria for GFPS members or other employees working on their GAD
programs;
d. Salaries of casual or emergency employees unless they are hired to assist in
GAD-related PPAs;
e. Provision of contingency funds or “other services” of PPAs; and
f. Purchase of supplies, materials, equipment and vehicles for the general use
of the Municipality.

The following expenses cannot be charged to the GAD budget unless they are
justified as clearly addressing a specific gender issue:

a. Physical, mental and health fitness including purchase of supplies, materials,


equipment and information dissemination materials;
b. Social, rest and recreation activities; and
c. Implementation of socio-cultural programs and projects.

Section 170. GAD PLANNING AND BUDGETING TIMELINES. The


Municipality shall strictly adhere to the following schedule to be able to meet the
required time frame in the preparation of GAD Plan and Budget:

a. January (a year before budget year) – the Local Chief Executive (LCE) shall
issue a directive (i.e., memo or executive order) to all LGU
departments/offices for the preparation of their annual GPB and annual
GAD AR (e.g. LGU FY 2014 GPB and FY 2012 GAD AR);

b. January-February – All LGU departments/offices shall formulate their GAD


AR of the preceding year and the results of the conduct of gender analysis to
determine the existing gender issues of the locality, the LGU
departments/offices shall prepare the GPB proposal for the succeeding year
for submission to the LGU GAD Focal Point System (GFPS). The LGU
GFPS Technical Working Group (TWG) shall review and consolidate the
inputs submitted by the LGU departments/offices for the preparations of the
LGU GPB and GAD AR;

c. March – The consolidated GPBs, together with the GAD ARs, shall be
submitted to the Municipal Planning and Development Office (MPDO) in
the case of barangays; and to the Provincial Planning and Development
Offices (PPDO) in the case of the municipality to ensure the alignment of
GAD PPAs of the concerned LGU to the priorities of the LGU exercising
jurisdiction over it. Afterward, the GPBs shall be submitted not later than
March 31 to the DILG Municipal Local Government Operations Officer
(MLGOO) in the case of barangays; and the DILG Provincial Office in the
case of the municipality for review and endorsement;

d. April-May – DILG shall review and endorse LGU GPBs, which shall be
returned to the concerned LGUs for inclusion in the preparation of the AlP
not later than end of May;

e. June-July – the following activities are undertaken:


1) Integration of identified gender issues and concerns and GAD
goals, strategies, objectives, targets and PPAs of the GPB during
the formulation, updating or enhancement of the
CLUP/CDP/PDPFP/ELA, whenever applicable.
2) Issuance of the Budget Call by the LCE to all LGU
departments/offices.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 64 of 77
f. July-August – The following activities are undertaken:
1) Integration of the endorsed GPB PPAs in the annual budget
proposals of concerned departments/offices.
2) The Local Finance Committee (LFC) shall ensure the integration of
the GPB in the LGU budget proposals during the technical budget
hearings.

g. September – The LFC shall ensure that the identified GAD PPAs are reflected in
the Local Expenditure Program (LEP) and the Budget Expenditure and Sources
of Financing (BESF).

h. October – Not later than October 15, the LCE shall ensure that the identified
GAD PPAs are included in the Budget Message in the Local Expenditure
Program for submission to the Local Sanggunian for its enactment.

Section 171. REVIEW AND INTEGRATION OF THE GAD PLAN AND


BUDGET. The consolidated annual GPBs of component barangays shall be forwarded to
the Municipal Planning and Development Office for alignment to the Municipal Annual
Investment Program.

The Municipality shall prepare the annual GPBs which shall be submitted directly
to the Office of the Provincial Planning and Development Coordinator for review and
consideration.

ARTICLE VI
THE GAD FOCAL POINT SYSTEM

Section 172. CREATION AND MANDATE. Pursuant to Section 36 of


Republic Act No. 9710, otherwise known as the Magna Carta of Women (MCW), the
Municipal Government shall adopt gender mainstreaming as a strategy to promote
women’s human rights and eliminate gender discrimination in its internal system,
structure, policies, programs, processes, and procedures. As such, it shall establish,
strengthen and institutionalize the GAD Focal Point System (GFPS), or similar GAD
mechanism, which will serve as a dynamic mechanism for catalyzing and accelerating
gender mainstreaming within the Municipality towards the promotion of Gender Equality
and Women Empowerment.

Section 173. STRUCTURE AND COMPOSITION. To carry out its functions,


the GFPS shall have an Executive Committee (EXECOM), a Technical Working Group
and/or a Secretariat.

a. The Executive Committee shall be composed of the following: Mayor as the


Chair, LGU Department Heads, Chairs of the Sanggunian Committees on
Women, Children and Family, and Appropriations, Laws and Rules; and
representatives from the PNP Women’s Desk, Indigenous Peoples (IPs),
Persons with Disabilities (PWDs), private sector, academe and recognized
and/or accredited non- government organizations (NGOs) as well as women
associations as members. The President of the Liga ng mga Barangay and the
Sanggunian Kabataan (SK) Federation President may be invited as members
of the GFPS. The Mayor may also designate an alternate Chair and Vice-
Chair for the GFPS.

Provided, that the members thereof may be increased by the Mayor as may be
deemed necessary. Provided further, that the NGA/NGO/CSO representatives
thereof shall be appointed upon recommendation of their respective
organization/agency/office. Provided finally, that the term of office of the

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 65 of 77
NGO/CSO representatives shall be for a period of three (3) years unless
earlier revoked and in no case shall the same be beyond the term of office of
the Mayor.

b. The GFPS Technical Working Group (TWG) shall be composed of, but not
limited to, key staff from the various LGU offices/departments or committees
represented in the GFPS Executive Committee, including a representative
from the Mayor’s office, members from the private sector, academe and civil
society organizations as appropriate. The GFPS TWG Chair shall be elected
from among the GFPS TWG members. The designation of the GFPS TWG
Chair shall be made official through the issuance of a Memorandum duly
signed by the Mayor and endorsed by his or her immediate supervisor or
concerned LGU Department Head. The GFPS TWG Chair may designate a
secretariat to assist the TWG in its functions.

Section 174. FUNCTIONS. The GFPS is tasked to ensure and sustain the
Municipality’s critical consciousness in supporting gender and development, women’s
empowerment and responding to gender issues. It shall take a lead role in direction-
setting, advocacy, planning, monitoring and evaluation, and technical advisory in
mainstreaming GAD perspectives in all its programs, projects, activities, and processes.
Specifically, the GFPS shall perform the following functions:
a. Lead in mainstreaming gender perspective in the department policies, plans
and programs. In the process, it shall ensure the assessment of the gender-
responsiveness of systems, structures, policies, programs, processes, and
procedures of the agency based on the priority needs and concerns of
constituencies and employees and the formulation of recommendations
including their implementation;
b. Assist in the formulation of GAD policies in advancing gender equality;
c. Lead in setting up appropriate systems and mechanisms to ensure the
generation, processing, review and updating of sex-disaggregated data or
GAD database to serve as basis in performance-based gender responsive
planning;
d. Coordinate efforts of different agencies, offices and stakeholders to
advocate for the integration of GAD perspectives in all their systems and
processes;
e. Spearhead the preparation of the agency annual performance-based GAD
Plans, Programs and Budget in response to gender issues of respective
constituency and clients and in the context of the Municipal Government’s
mandate, and consolidate the same following the format and procedure
prescribed by the PCW, DBM and NEDA;
f. Lead in monitoring the effective implementation of GAD-related policies
and the annual GAD Plans, Programs and Budget;
g. Lead the preparation and consolidation of the annual agency GAD
Accomplishment Report and other GAD Reports that may be required
under the MCW;
h. Strengthen linkages with other LGUs, concerned agencies or organizations
working on women’s rights and gender and development to harmonize and
synchronize GAD efforts at various levels of local governance; and
i. Promote and actively pursue the participation of women and gender
advocates, other civil society groups and private organizations in the
various stages of development planning cycle giving attention to the
marginalized sectors.

Section 175. GAD UNIT. The Municipality shall establish a GAD unit under the
OMPDC that will support and coordinate all GAD-related PPAs and concerns of the

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 66 of 77
GFPS. The Mayor may also appoint or designate the personnel to manage and operate the
GAD unit.

Section 176. ROLES AND RESPONSIBILITIES OF THE GFPS.

a. The Municipal Mayor shall:


1) Issue policies and/or directives that support gender mainstreaming in
the policies, plans, PPAs and services of the Municipality as well as in its
budget, systems, processes and procedures, including the creation,
strengthening, modification or reconstitution of the GFPS; and
2) Ensure the implementation of the GPB and other GAD-related reports
of the Municipality as maybe required by the concerned national
agencies, duly endorsed by the GFPS Executive Committee and with the
assistance of the GFPS-TWG.

b. The GFPS Executive Committee shall:


1) Provide policy advice to the Mayor to support and
strengthen the GFPS and the LGU’s gender mainstreaming efforts;
2) Direct the identification of GAD strategies, PPAs
and targets based on the results of gender analysis and gender assessment,
taking into account the identified priorities of the LGU and the gender
issues and concerns faced by the LGU’s constituents and employees;
3) Ensure the timely preparation of the LGU GPB,
GAD AR and other GAD-related;
4) Ensure the effective and efficient implementation
of the GAD PPAs and the judicious utilization of the GAD budget;
5) Build and strengthen the partnership LGU with
concerned stakeholders such as women’s groups or CSOs, and national
government agencies in pursuit of gender mainstreaming;
6) Recommend awards and/or incentives to recognize
outstanding GAD PPAs or individuals who have made exemplary
contributions to GAD.

c. The Technical Working Group (TWG) shall:


1) Facilitate the gender mainstreaming efforts of the
Municipality through the GAD planning and budgeting process;
2) Formulate the GPB in response to the gender gaps
and issues faced by their constituents including their women and men
employees;
3) Assist in the capacity and competency development
of and provide technical assistance to the offices or units of the
Municipality. In this regard, the TWG shall work with the Human
Resource Development Office (HRDO) on the development and
implementation of a capacity development program on GAD for its
employees, as necessary;
4) Coordinate with the various units/offices of the
Municipality and ensure their meaningful participation in strategic and
annual planning exercises on GAD including the preparation,
consolidation and submission of GPBs;
5) Lead the conduct of advocacy activities and the
development of information, education and communication (IEC)
materials to ensure critical support of local elected officials, department
heads and staff, and relevant stakeholders to the GFPS and to gender
mainstreaming;
6) Monitor the implementation of GAD-related PPAs
and suggest corrective measures to improve their implementation;

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 67 of 77
7) vii. Prepare and consolidate GAD ARs and other
GAD-related reports; and
8) Provide regular updates and recommendations to
the GFPS ExeCom regarding GFPS’ activities and the progress of the
Municipality in gender mainstreaming.

d. The GAD Unit shall assist the GFPS ExeCom and the TWG in the performance
of their roles and responsibilities, specifically on the provision of administrative
and logistical services, preparation of meeting agenda, and documentation of
GFPS’ meetings and related GAD activities.

Section 177. MEETINGS AND QUORUM. To effectively exercise its


mandates, the GFPS-EXECOM shall meet quarterly on such day and time as it may fix.
The presence of at least a majority of its members shall constitute a quorum and the
affirmative vote of the majority of the members present in a meeting validly held shall be
necessary for it to exercise its collegial powers and perform its inherent functions.

ARTICLE VII
POPULATION AND FAMILY PLANNING MOBILIZATION

Section 178. MANDATE. Consistent with Memorandum Circular No. 2019-


100, dated July 8, 2019, LGUs are mandated to attain, intensify and sustain the Zero
Unmet Need for modern Family Planning pursuant to Republic Act No. 10354, or the
Responsible Parenthood and Reproductive Health Rights Act of 2012.

Section 179. APPOINTMENT/DESIGNATION OF LOCAL POPULATION


OFFICER/COORDINATOR. The Mayor shall appoint or designate a Local Population
Officer/Coordinator from among incumbent plantilla personnel occupying supervisory
function to serve as focal person or action officer for the implementation of strategies
related to the program on population and family planning at the municipal level.

Section 180. SPECIFIC ROLES AND FUNCTIONS.

a. Coordinate with local departments/offices including the barangays the planning


and conduct of critical strategies for the full implementation of the
community/barangay-based program on population and family planning;
b. Mobilize community workers to map and locate couples and individuals with
unmet need for modern family planning methods;
c. Conduct community-based demand generation and referral activities, and ensure
provision of quality modern Family Planning information and services guided by
the principle of informed choice and voluntarism;
d. Engage, collaborate and partner with relevant government agencies such as
DOH and POPCOM, CSOs and other private sector in attaining and sustaining
unmet need for modern family planning methods;
e. Generate and mobilize necessary resources for the implementation of the
program; and
f. Sustain continuing training and capacity-building activities to be designed and
supported by the national program under Joint Memorandum Circular No. 2019-
01, series of 2018, of the DOH-NEDA-POPCOM, recruitment and deployment
of Barangay Service Point Officers (BSPOs) and other community-based
population volunteers and continually support them through logistics provision
and monetary and/or non-monetary incentives as appropriate and allowable.

Section 181. MOBILIZATION OF BARANGAY OFFICIALS AND


COMMUNITY WORKERS. The Municipality shall tap, capacitate and mobilize
barangay officials and their community volunteers and workers such as BSPO, Barangay

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 68 of 77
Population Volunteers (BPV), Barangay Health Workers (BHW, Barangay Nutrition
Scholars (BNS), parent leaders and other community-based workers in the promotion and
advocacy for the national program on population and family planning particularly at the
community level.

ARTICLE VIII
VAWC PROTOCOL

Section 182. MANDATE. Pursuant to the Republic Act No. 9262, otherwise
known as the Anti-Violence Against Women and Their Children Act, all VAWC cases
shall follow the VAWC protocol, from the initial assistance rendered by the Barangay
VAWC Committee up to the higher authorities.

Section 183. CREATION. A protocol on VAWC that shall provide a system of


procedures to ensure that VAWC cases are properly and expediently responded and
attended to shall be established and instituted. The creation of LCAT-VAWC shall be
rolled-out to the barangay level.

ARTICLE IX
GENDER MAINSTREAMING

Section 184. STRATEGY FOR GAD IMPLEMENTATION. The Municipality


shall adopt gender mainstreaming as a strategy for implementing the GAD Code. It shall
integrate the interventions stipulated in this Code in their regular plans and programs and
allocate resources for the same to effectively attain its objectives.

Section 185. PARALLEL INTEGRATION. Pursuant to Republic Act No.


9710, otherwise known as the Magna Carta of Women, all agencies, bureaus, schools,
GOCCs, LGUs, and other government instrumentalities in the Municipality shall likewise
adopt gender mainstreaming as a strategy to promote women’s human rights and
eliminate gender discrimination in their systems, structures, policies, programs, processes
and procedures espoused in this Code and such GAD-related declarations, laws, rules and
issuances.

ARTICLE X
MONITORING, EVALUATION AND OVERSIGHT MECHANISMS

Section 186. MONITORING, EVALUATION AND OVERSIGHT


MECHANISMS. The Local Government of Tulunan shall establish, enhance, strengthen
and maintain a gender responsive Monitoring, Evaluation and Oversight System through
the issuance of an Executive Order creating the M&E System and Oversight Team
(MESOT).

Section 187. COMPOSITION. The GAD M&E Team shall be composed of the
GFPS TWG Chair, Municipal Planning and Development Coordinator, HRM Officer,
Budget Officer, MLGOO, representative/s of the LCE, CSO representative/s specifically
from women’s organizations and the academe. The GAD M&E Team shall invite the
concerned implementing office or unit of the GAD PPAs during the monitoring and
evaluation period.

ARTICLE XI
OTHER SUPPORT SERVICES

Section 188. LOCAL MEDIA MONITORING COUNCIL. There is hereby


established a Local Media Monitoring Council (LMMC) to monitor and report any
violations of the GAD Code and other applicable laws governing print, broadcast and

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 69 of 77
social media, including video shops, electronic communications, cable televisions, books,
and other forms of audio-visual channels or instruments perpetuating degradation and
exploitation of men, women and children. It may also initiate the filing of appropriate
charges against violators.

Section 189. WOMEN AND CHILDREN PROTECTION DESK (WCPD).


The Municipality shall provide necessary assistance to the WCPD to ensure its
effectiveness and efficiency in carrying out its mandate.

Section 190. BARANGAY WOMEN AND CHILDREN’S DESKS (BWCDs).


Necessary provisions shall be provided to assist BWCDs and to ensure effective
performance of their mandate and programs.

Section 191. GENDER SENSITIVITY ORIENTATION AND TRAININGS.


All schools, offices, establishments or companies, departments and agencies, whether
public or private, shall be provided with Gender sensitivity orientation and training to
equip them with theoretical and practical knowledge on gender issues and concerns.

Section 192. CAPACITY BUILDING PROGRAMS ON GAD. All officials


and members constituting the GFPS shall undergo capacity building programs on GAD
which shall include, but not limited to: gender sensitivity training (GST), gender-
responsive planning and budgeting, gender analysis, gender audit and GAD tools such as
the Gender Mainstreaming Evaluation Framework (GMEF), Gender Responsive LGU
Tool (GeRL Tool) Self-Assessment Tool, Harmonized Gender and Development
Guidelines (HGDG) and other succeeding GAD tools.

All personnel of the Municipality, including the planning and finance officers
(e.g. accountants, budget officers, auditors), shall also be capacitated on GAD. Along this
line, the GFPS will recommend and plan an appropriate capacity development program
on GAD for its employees as part of its regular human resource development program.

CHAPTER IV
MISCELLANEOUS PROVISIONS

ARTICLE I
SPECIAL MILESTONE AND DAYS OF ACTION

Section 193. WOMEN’S MONTH/DAY. The month of March is declared by


the United Nations as Women’s Month and March 8 shall be observed International Day
of Women. The Municipal Government shall hold and sponsor activities that aim to
increase public awareness on issues and concerns affecting the women sector. For the
LGU-women officials & employees, it is the Office of the HRMO who shall take charge
of the implementation of various recreational and other empowerment activities, whereas
for the general public-women sector in all barangays, it is the Office of the MSWDO who
shall take charge and facilitate appropriate empowerment activities as well.

Furthermore, there shall be held a Women’s Summit in the Municipality every


last week of March to be facilitated by the Sangguniang Bayan Committee Chair on
Social Welfare and the Municipal Social Welfare and Development Office.

Section 194. INTERNATIONAL MEN’S DAY. November 19 shall be observed


as International Men’s Day to celebrate the positive value men bring to their families and
communities.

Section 195. MEN’S HEALTH MONTH. Declaration and observance of June


as Men’s Health Month. The Municipal Government, through the Office of the HRMO,

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 70 of 77
and Office of the MSWDO shall hold and sponsor activities, like a Men’s Summit or
General Assembly to increase public awareness on issues and concerns affecting the men
sector.

Section 196. INTERNATIONAL DAY OF ACTION FOR WOMEN’S


HEALTH. As declared by the United Nations, every May 28 shall be observed as
International Day of action for women’s health.

Section 197. NUTRITION MONTH-PHILIPPINES. July shall be celebrated as


Nutrition Month-Philippines.

Section 198. WORLD’S DAY AGAINST TRAFFICKING IN PERSONS.


The Municipality shall observe the World’s Day Against Trafficking in Person every 30 th
day of July.

Section 199. INTERNATIONAL DAY OF THE GIRL CHILD. As declared


by the United Nations, October 11 is an international observance day of the girl child.
The observation shall support more opportunity for girls, and increase awareness of
inequality faced by girls based upon their gender. This inequality includes areas such as
access to education, nutrition, legal rights, medical care, and protection from
discrimination, violence and child marriage.

Section 200. FATHERS AND MOTHERS DAY. The Municipality shall


endeavor to initiate the celebration of Fathers and Mother’s Day in the Municipality in
accordance with the pertinent declaration.

Section 201. NATIONAL FAMILY WEEK. Pursuant to Presidential


Proclamation No. 60 issued on September 28, 1992, the first week of September shall be
celebrated as National Family Week to increase awareness on various family issues;
enhance effectiveness of national and local efforts to carry out specific programs
concerning families by generating new programs concerning families by generating new
activities and strengthening existing ones; and promote collaboration among national and
local non-governmental organizations in support of multi-sectoral activities.”

Section 202. CHILDREN’S SUMMIT. Children’s Summit/Congress, through


the Day Care Center network in the Municipality, shall be held every 4 th week of
November. The observance shall be facilitated by the MSWDO in cooperation with the
Child Development Workers with support from the Barangay Governments and Day Care
Service Parents Groups.

Section 203. CHILD AND YOUTH SUMMIT. There shall be conducted


Municipal Child and Youth Summit/Congress to be held every Last Week of October to
be led by the Sangguniang Kabataan (SK) Municipal President and all Barangay
Sangguniang Kabataan Associations, including Barangay Associations of Out-of-School
Youth, and Religious Youth Organizations. It will be also conducted in coordination
with the Department of Education (DepEd) in the Elementary and High School levels,
MSWDO, Association of Barangay Captains, and other concerned local agencies.

Section 204. INDIGENOUS PEOPLES MONTH. Declaration and observance


of October as IP Month. The LGU shall sponsor activities that will increase awareness
on the issues and concerns affecting the local indigenous people (B’laans and others).
This can be part of the efforts to strengthen respect and recognition of the cultural
identity and integrity of the IP as a people endowed with dignity and rights as human
beings.

ARTICLE II

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 71 of 77
PROHIBITED AND PUNISHABLE ACTS

Section 205. PROHIBITED AND PUNISHABLE ACTS. With respect to


expressed provisions of this Code and the strict observance and enforcement of pertinent
laws, the following acts are deemed prohibited and punishable under pertinent laws:
a. Unlawful acts punishable under various existing laws on Cybercrime, Photo
or Video Voyeurism and Vilification.
b. Simulation of birth where one deliberately registers the birth of a child under
the names of persons who are not the biological parents.
c. Denying one of basic health services (especially during emergency situations)
and health care due to poverty and/or financial constraint.
d. Rape – committed by having carnal knowledge of a woman under any of the
following circumstances: i) using force or intimidation, ii) when a woman is
deprived of reason or otherwise unconscious, and iii) when a woman is under
twelve years of age or is demented.
e. Beauty contests which commodify, abuse, humiliate, and treat men and
women as sex objects.
f. Printing, publication, display, and distribution of pornographic scenes on
movie/TV, trailers/shows, posters, billboards, and other materials and similar
literatures which treat women as sex objects and commodities.
g. Shows depicting men and women as sex objects in private or public places or
under scandalous circumstances.
h. Influencing or forcing a woman to dance and do naked shows in public or
private places for commercial or entertainment purposes.
i. Sexual harassment in the employment, education, or training environment as
prescribed in RA 7877, or the Anti-Sexual Act of 1995; and unlawful acts
punishable under RA No. 11313 or the Safe Spaces Act.
j. All forms of fund-raising initiatives, whether in whole or in part, integrated in
any raffle draw benefit or disco dance, premier showing of movies, or any
similar fund-raising undertakings where women are used as donor prize,
substitute for prizes won, a companion package for an award, prize, or
recognition; or any manner, activity, come-on display, or exhibition which
depicts a woman as central, partial or special focus in order to raise funds.
k. Wife and/or husband battering.
l. Forcing one to marry an individual who is not ready to assume
responsibilities borne out of such marriage; fraudulent or coercive act to
cause and/or affect a forced marriage.
m. Pedophilia which is a form of sexual perversion where children are the
preferred victims.
n. Deliberate non-compliance or failure to comply with the mandate of
conducting Orientation on Sexual Harassment by local offices, agencies,
establishments, or companies, government or private, in the Municipality.
o. A physical building plan which is not gender-sensitive nor preventive of
sexual harassment, sexual abuse, and other forms of maltreatment in the
workplace.
p. Non-compliance or failure to comply with barangay-based registration of
house helpers to monitor cases of sexual harassment, sexual abuse, and other
forms of maltreatment.
q. Depriving any person of basic social services in the situation of human-
induced conflict. Detaining any person in military or police checkpoint on
mere suspicion or similar reason.

Section 206. CORPORAL PUNISHMENT. Corporal punishment shall be


prohibited and punishable under pertinent laws and Provincial Ordinance No. 513 of the
Sangguniang Panlalawigan of Cotabato, otherwise known as Positive Discipline and
Anti-Corporal Punishment Ordinance.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 72 of 77
Section 207. ENTRY, SELLING, AND DISTRIBUTION OF
PORNOGRAPHIC MATERIALS. The sale, transport and distribution of pornographic
materials, is hereby declared unlawful pursuant to Republic Act. No. 9775 or the Anti-
child pornography Act of 2009.

Section 208. FORCED MARRIAGE/“BOYA”. No person shall be forced to


marry without his/her consent, unless applicable laws expressly provide otherwise. Any
person/s committing fraudulent or coercive acts shall be penalized in accordance with this
Code.

Section 209. PRACTICE OF CHILD MARRIAGE AS A PROHIBITED


ACT. The celebration of marriage of a child less than eighteen (18) years of age is a
violation of Republic Act No. 11596. The law amended Section 31 of the Indigenous
People’s Rights Act (R.A. No. 8371) and Article 16 of the Code of Muslim Personal laws
of the Philippines (PD 1083). To protect and promote the best interests of the children,
the law prohibits the facilitation and solemnization of child marriages.

Section 210. HUMAN TRAFFICKING. Any person or agency, who, with the
use of force or deceit, lures a woman or boy/girl child to work abroad or in other
Municipalities or cities in the Philippines for a particular job on a promise of high fees,
but instead landed on prostitution, domestic help or other odd jobs. Violators of this
provision shall be penalized, in accordance with the penal provisions under R.A. No.
9208 or the Anti-Trafficking in Persons Act, R.A. No. 7610 or the Law on Protection
Against Child Abuse, R.A. No. 7877 or the Anti-Sexual Harassment Law, R.A. No. 8353
or the Anti-Rape Law, and the Revised Penal Code.

Section 211. PHOTO AND VIDEO VOYEURISM. Specific acts prohibited


and punishable under the “Anti-Photo and Video Voyeurism Act of 2009″.
a. To take photo or video coverage of a person or group of persons performing
sexual act or any similar activity or to capture an image of the private area of
a person/s such as the naked or undergarment clad genitals, pubic area,
buttocks or female breast without the consent of the person/s involved and
under circumstances in which the person/s has/have a reasonable expectation
of privacy.
b. To copy or reproduce, or to cause to be copied or reproduced, such photo or
video or recording of sexual act or any similar activity with or without
consideration. It is immaterial if consent to record or take photo or video
coverage of the same was given by such person/s.
c. To sell or distribute, or cause to be sold or distributed, such photo or video or
recording of sexual act, whether it be the original copy or reproduction
thereof. It is immaterial if consent to record or take photo or video coverage
of the same was given by such person/s.
d. To publish or broadcast, or cause to be published or broadcast, whether in
print or broadcast media, or show or exhibit the photo or video coverage or
recordings of such sexual act or any similar activity through VCD/DVD,
internet, cellular phones and other similar means or device. It is immaterial if
consent to record or take photo or video coverage of the same was given by
such person/s.

Section 212. PHYSICAL, EMOTIONAL AND VERBAL ABUSE. Any acts or


a series of acts committed by any person against a woman or a child which shall or likely
to result in physical, sexual, psychological harm or suffering including threats, battery,
assault, coercion, harassment or arbitrary of liberty shall be punished in accordance with
the applicable provisions of the Revised Penal Code, RA 9262, RA 7610, and other
pertinent laws.

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 73 of 77
Section 213. SEXUAL EXPLOITATION. It shall be unlawful for any person
who shall promote or facilitate sexual activity with a woman or child to satisfy the lust of
another in exchange for monetary favors with or without their consent. Such acts shall be
punished in accordance with the applicable provisions of the Revised Penal Code, RA
9262, RA 7610 and other pertinent laws.

Section 214. EQUAL ACCESS AND ELIMINATION OF


DISCRIMINATION IN EDUCATION, SCHOLARSHIPS, AND TRAINING. The
following acts are prohibited and punishable:
a. Expulsion and non-readmission of women faculty due to pregnancy outside
of marriage. No school shall turn out or refuse admission to a female student
solely on account of her being pregnant outside of marriage during her term
in school.
b. Expulsion, dismissal, suspension, refusal or denial of admission, or forced to
take a leave of absence in any educational institution solely on grounds of
pregnancy outside marriage. When needed, students who are pregnant shall
be accorded with a special leave of absence from school upon advice of the
attending physician, and be given an opportunity to make up for missed
classes and examinations. The same leave benefits shall likewise be accorded
to pregnant faculty members, and school personnel and staff.

Section 215. REPRODUCTIVE HEALTH CARE DELIVERY. Citing Section


23 of R.A. No. 10354, the following acts are prohibited:

(a) Any health care service provider, whether public or private, who shall:

(1) Knowingly withhold information or restrict the dissemination thereof,


and/or intentionally provide incorrect information regarding programs and
services on reproductive health including the right to informed choice and
access to a full range of legal, medically-safe, non-abortifacient and
effective family planning methods;

(2) Refuse to perform legal and medically-safe reproductive health


procedures on any person of legal age on the ground of lack of consent or
authorization of the following persons in the following instances:
(i) Spousal consent in case of married persons: Provided, That in case
of disagreement, the decision of the one undergoing the procedure
shall prevail; and
(ii) Parental consent or that of the person exercising parental authority
in the case of abused minors, where the parent or the person
exercising parental authority is the respondent, accused or
convicted perpetrator as certified by the proper prosecutorial office
of the court. In the case of minors, the written consent of parents or
legal guardian or, in their absence, persons exercising parental
authority or next-of-kin shall be required only in elective surgical
procedures and in no case shall consent be required in emergency
or serious cases as defined in Republic Act No. 8344; and

(3) Refuse to extend quality health care services and information on account
of the person’s marital status, gender, age, religious convictions, personal
circumstances, or nature of work: Provided, That the conscientious
objection of a health care service provider based on his/her ethical or
religious beliefs shall be respected; however, the conscientious objector
shall immediately refer the person seeking such care and services to
another health care service provider within the same facility or one which

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 74 of 77
is conveniently accessible: Provided, further, That the person is not in an
emergency condition or serious case as defined in Republic Act No. 8344,
which penalizes the refusal of hospitals and medical clinics to administer
appropriate initial medical treatment and support in emergency and
serious cases;

(4) Any public officer, elected or appointed, specifically charged with the
duty to implement the provisions hereof, who, personally or through a
subordinate, prohibits or restricts the delivery of legal and medically-safe
reproductive health care services, including family planning; or forces,
coerces or induces any person to use such services; or refuses to allocate,
approve or release any budget for reproductive health care services, or to
support reproductive health programs; or shall do any act that hinders the
full implementation of a reproductive health program as mandated under
R.A. No. 10354;

(5) Any employer who shall suggest, require, unduly influence or cause any
applicant for employment or an employee to submit himself/herself to
sterilization, use any modern methods of family planning, or not use such
methods as a condition for employment, continued employment,
promotion or the provision of employment benefits. Further, pregnancy or
the number of children shall not be a ground for non-hiring or termination
from employment;

(6) Any person who shall falsify a Certificate of Compliance as required in


Section 15 of; and

(7) Any pharmaceutical company, whether domestic or multinational, or its


agents or distributors, which directly or indirectly colludes with
government officials, whether appointed or elected, in the distribution,
procurement and/or sale by the national government and LGUs of modern
family planning supplies, products and devices.

Section 216. IMPOSITION OF FINES AND PENALTIES TO PERSONS


WITH JURIDICAL PERSONALITY. If the offender is a juridical person, the penalty
shall be imposed upon the president or any responsible officer. An offender who is an
alien shall, after service of sentence, be recommended for deportation by the Bureau of
Immigration. If the offender is a company or business corporation, their license or permit
to operate or conduct business in the Municipality shall be revoked, without prejudice to
filing of appropriate administrative, criminal and civil charges.

ARTICLE III
FINES AND PENALTIES

Section 217. PENALTIES FOR VIOLATION OF NATIONAL LAWS. Any


person, natural or juridical entity, found guilty of violating any of provisions of national
laws, rules and issuances embodied in this Code shall be penalized in accordance with the
pertinent laws, rules and issuances.

Section 218. PENALTIES FOR VIOLATING LOCAL PROVISIONS OF


THIS CODE. Any person, natural or juridical entity, found guilty of violating any of
local provisions of this code which are herein declared unlawful and/or non-compliance
thereof, unless provided otherwise in existing applicable laws, shall suffer the penalty of
imprisonment of not more than six (6) months or a fine of Two Thousand Five Hundred
Pesos (₱2,500.00) or both such fine and imprisonment at the discretion of the Court;
Provided, That, if the offender is a public officer, elected or appointed, he/she shall also

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 75 of 77
suffer the penalty of suspension or removal and forfeiture of benefits at the discretion of a
competent Court; Provided, Finally, that in cases where the violator is a business
establishment, the permit to operate shall be suspended or forfeited without prejudice to
filing of appropriate charges before the Court of competent authority.

ARTICLE IV
TRANSITORY PROVISION AND FINAL CLAUSES

Section 219. ACTIVATION OF GFPS. Pursuant to and in accordance with the


pertinent provisions of this Code and the existing policy-guidelines issued by the
Commission on Women, DILG and DBM, the Mayor shall immediately reconstitute the
Municipal GAD Focal Point System to immediately perform its mandate, roles and
responsibilities relating to Gender and Development.

Section 220. THE IRR. The Municipal Mayor shall immediately constitute the
Technical Working Group, composed of GFPS and other identified stakeholders, tasked
to initiate the formulation of the necessary rules and regulations that will define the
procedural requirements which will effectively implement the provisions of this Code.

Section 221. SEPARABILITY CLAUSE. If for any reason, any portion or


provision of this Code is declared unconstitutional or invalid, the other sections or
provisions hereof which are not affected thereby shall continue to be in full force and
effect.

Section 222. APPLICABILITY CLAUSE. All other matters not covered by this
Code shall be governed by pertinent applicable laws, ordinances, rules, international
declarations and issuances.

Section 223. REPEALING CLAUSE. All ordinances, resolutions, memoranda,


or rules, rules and regulations previously issued are hereby repealed and/or modified
accordingly.

Section 224. EFFECTIVITY CLAUSE. This Code shall take effect after its
publication in a newspaper of local circulation in the Municipality, and posting of the
same in at least three (3) conspicuous public places for a period of fifteen (15) days,
whichever occurs later.

UNANIMOUSLY APPROVED.

I HEREBY CERTIFY to the correctness of the above-quoted Resolution-


Ordinance.

JOSEPH JEV H. BEDAÑO


Secretary to the Sangguniang Bayan

ATTESTED AND CERTIFIED


TO BE DULY ADOPTED:

ABRAHAM L. CONTAYOSO
Vice Mayor/Presiding Officer

APPROVED:

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 76 of 77
REUEL P. LIMBUNGAN
Municipal Mayor
______________________
Date

Municipality of Tulunan | SANGGUNIANG BAYAN | Resolution No. 385 s. 2022 | Ordinance No. 126-2022 Page 77 of 77

You might also like