Professional Documents
Culture Documents
Province of Guimaras
OFFICE OF THE SANGGUNIANG PANLALAWIGAN
EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE HONORABLE
SANGGUNIANG PANLALAWIGAN OF THE PROVINCE OF GUIMARAS HELD AT THE SP
SESSION HALL, PROVINCIAL CAPITOL ON DECEMBER 28, 2011.
PRESENT:
OFFICIAL BUSINESS:
ABSENT:
None
CHAPTER I
GENERAL PROVISIONS
Article I
Title, Statement of Policy and Definition of Terms
Section 1. Title. This ordinance shall be known and cited as “Guimaras GAD Code”,
hereinafter referred to as the CODE.
The moral basis of this Code are those defined and declared by the United Nations, to wit:
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1. Women
have the right to the prevention of, and protection from all forms of violence and
coercion against their person, their freedom, their sexuality, and their individuality.
2. Women have the right to freely and fully participate individually or collectively in the
political processes of their communities and nations.
3. Women have the right to the means for assuring their economic welfare and security.
4. Women have the right to the necessary knowledge and means for the full exercise of
their reproductive choice, according to their beliefs and preferences.
5. Women have the right to choose a spouse in accordance with their values and
preferences, maintain equality in marriage or its dissolution, and obtain adequate
support for rearing and caring of their children.
6. Women have the right to an adequate, relevant and gender fair education throughout
their lives, from childhood to adulthood.
7. Women have the right to adequate nutrition and proper health care.
9. Women have the right to nurture their personhood, collectively and individually, to
secure an image of themselves as whole and valuable human beings, to build
relationships based on respect, trust and mutuality.
10. Women have the right to equality before the law in principle as well as in practice.
This Code will provide the Provincial Government a policy direction to formulate programs
and strategies, that will include, among others, to:
1. Mainstream gender concerns in all local development plans, policies and programs;
2. Intensify awareness campaign on gender issues and concerns;
3. Strengthen Public-Private-Partnership to maximize the effectiveness of programs
and services addressing Gender and Development (GAD) concerns;
4. Encourage, support and expand the participation of grass roots women in the
planning, implementation, monitoring and evaluation of development programs and
projects;
5. Recommend appropriate curricula at all academic levels that are gender sensitive
thru passage of legislation;
6. Provide gender-responsive relief and rehabilitation programs with special focus on
women and children's needs;
7. Involve men in family-planning programs, health and child care and nutrition
concerns and engage them in projects that enhance the well-being of the family;
8. Upgrade and strengthen crisis intervention centers and shelters in the Province of
Guimaras for survivors of violence against women and children and other social
conflicts;
9. Promote gender sensitivity in local media and advertising agencies;
10. Increase the members of women in decision and policy-making posts in the locality
through implementation of capability building programs;
11. Establish the necessary mechanism to enable women particularly indigenous people
to participate in development programs and gain access to non-traditional sources of
livelihood, credit financing, productive skills and labor saving technologies; and/or;
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12. Ensure that contribution of women in all aspects especially in economic development
is well accounted for.
1. Barangay Protection Order- issued to prevent further acts of violence against a woman
and/or her child, and to grant other necessary relief. Its purpose is to safeguard the victim
from further harm, minimize any disruption in the victim's life, and facilitate the
opportunity and ability of the victim to independently regain control over her life.
b. Sexual Abuse – this includes physical attacks on the woman’s breast, genital or
forced sexual activity;
3. Benefit Dance/Disco – refers to a dance in the locality where women are commodified for
fund raising purposes.
4. Bisexual- of or relating to both sexes; having both male and female reproductive organs
6. Collateral Relatives – next of kin who are not in the direct line of inheritance such as
cousins
8. Development – attaining a full and satisfying life for all regardless of age, sex, gender,
tribe, race, creed and religion. It is characterized by an enrichment of Filipino
indigenous resources, sustainable utilization of the natural resources of the country and
freedom from dependency. It is therefore, sustainable, equitable and gender-responsive.
10. Empowerment - refers to a process by which women take control and action in order to
overcome the obstacles brought about by structural inequalities. Empowerment means
the collective action by the oppressed and develop women to overcome the obstacles of
structured inequality which have previously put them in a disadvantaged position.
12. Equity - is a concept of distributive justice which is remedial and is intended to overcome
bias, favoritism and inequalities.
13. Feminization of Poverty – a condition when the gap between the rich and the poor widens
and women bear the brunt of economic instability and unequal distribution of wealth. Such
gap reinforces non-response to both practical and strategic needs of women.
14. Fund Raising Initiatives – refers to any activity, whether in whole or in part integrated in
any raffle draw, benefit or disclosure, premier showing of movies, or any similar fund
raising undertaking where women are used as donor prize, substitute for cash prizes won, a
companion package for an award prize or recognition or any manner, activity, come-on
display or exhibits which depicts a woman as central, partial or special focus in order to
raise funds.
15. Gays-is a word that commonly refers to a male whose sexual orientation is attraction to
persons of the same sex.
16. Gender - refers to the differentiated social roles, behavior, capacities and intellectuals,
emotional and social characteristic attributed by a given culture to women and men, in short
all differences besides the strictly biological.
17. Gender and Development (GAD) - shall refer to a development perspective which promotes
greater focus on people both as development agents and participant. It encourages the equal
contributions of women and men in all aspect/sectors of development. Such a perspective
involves the process of searching of new and innovative initiatives which help transform
unequal gender relations into opportunities which equally/equitably both women and men.
It recognizes that the unequal relation between women and men is a major deterrent to
social and economic progress. It acknowledges that the difficulties encountered by women
have to be addressed to ensure their effective participation in development. It envisions a
future society where women and men equally contribute to and benefit from development.
18. Gender Equality –a social order in which women and men share the same opportunities and
the same constraints on full participation in both economic and domestic realm. As a key to
development, gender equality means the equal empowerment and participation of women, men
and other subgroups of society, i.e. homosexuals, in all spheres of public and private life.
19. Gender Mainstreaming – refers to the strategies and processes to integrate gender responsive
goals in the directions, policies, projects and services of agencies. It also means the
integration of gender concerns in the development agenda to address gender inequalities.
20. Gender Perspective – way of viewing issues and problems that take into consideration the
different realities of women’s and men’s lives and recognizing that there is an unequal
relationship between the two.
21. Gender Planning – means taking account of gender issues in planning using a tool of gender
analysis. In development planning, it means that gender issues are recognized in the
identification of problems and addressed in development objectives.
23. Gender Sensitization – is an experimental and critical process of learning and unlearning of
an individual female or male of the causes and effects of the culturally determined roles of
women and men.
24. Gender Sensitivity Training – means providing people with formal learning experience in
order to increase their awareness. The overall purpose of the training is to provide the
knowledge and skills necessary to recognize and address gender issues in the programming
process. At the center of the learning process is the conscientisation, involving the ability to
recognize the underlying issues of gender equality which form a pervasive obstacle to
program progress.
25. Hazardous Child Labor - work which, by its nature or the circumstances in which it is carried
out, is likely to harm the health, safety or morals of children.
It is a system in which men, women and children are considered movable properties
and objects of exchange.
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27. Indecent Shows – are shows which include nude or other provocative gestures which
further project and exhibit women and men as sex-objects.
29. Illegal Drug Substances- any drug that has been deemed illegal in any quantity by the laws of
the land. These drugs include but are not limited to marijuana, ecstasy, cocaine, shabu, magic
mushrooms, etc.
30. Kasambahay- refers to any person who renders domestic or household services exclusively to
an employer as family driver, babysitter, gardener, cook, nursemaid or yaya, or laundry
woman. The term “kasambahay” or “kasama sa bahay” shall be used in lieu of “katulong “
to properly signify the worth of the labor of a househelper.
31. Land-based Projects – are projects designed systematically in order to provide women the
opportunity to have full-access and control over the maximum utilization of land and other
indigenous resources.
33. Mail Order Bride - It is a practice where a woman establishes a personal relationship with
male foreign nationals via mail, electronic or similar means, upon recruitment by an
individual or agency for the purpose of exploiting women in guise of marriage.
34. Minors – refers to persons below 18 years of age and unable to take care of themselves from
abuse, neglect, cruelty, exploitation or discrimination. Persons suffering from mental
disorders shall be considered as minors.
35. Motels - is a hotel designed for motorists, and usually has a parking area for motor vehicles,
referred initially to a type of hotel consisting of a single building of connected rooms whose
doors faced a parking lot and, in some circumstances, a common area; or a series of small
cabins with common parking
36. Other Places of Amusement – include all other places of amusement not specifically
enumerated or otherwise provided for in this code, included but not limited to night clubs or
day clubs, cocktail lounges, super or family clubs, disco houses , minus-one or sing-along
houses, bars or beerhouses gardens, fast food center showing sports competitions, replay
videocassette films/movies and other places of amusement where one seeks admission to
entertain oneself by seeing or viewing or by direct participation. Private houses showing
films for a fee shall be considered place of amusement.
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37. Pabasa sa Nutrisyon- is a program designed to empower women in reducing their families’
vulnerability to malnutrition through adoption of proper nutrition practices and health
lifestyles. It aims to provide families with sustainable knowledge and skills in nutrition that
can be handed down to many generations to come. It’s a bible sharing type of activity where
target mothers are grouped into 10-12 per class informally discussing health and nutrition
using behaviourally designed IEC materials.
38. Persons with Disabilities – are survivors of physical impairments that have differentiated
needs and potentials, include those who have long-term physical, mental, intellectual on
sensory impairments which in interaction with various barriers may hinder their full and
effective participation in society on an equal basis with others.
39. Places of Amusement – includes theaters, cinemas, concert halls, circuses and other places
of amusements when one seeks admission to entertain oneself by seeing viewing the show or
performances.
41. Prostitution – is the sale, purchase and exchange of women, men and minors for sexual
exploitation for each project or other economic considerations by an individual including
but not limited to pimp, procurer of the service parents, owners of establishments such as
hotels and restaurants and any other persons who uses various schemes to prostitute women
and minors. It is the act as defined under the Revised Penal Code of the Philippines and
shall be recognized as a violation of human rights and exploitation of women who have no
real choices for survival.
42. Reproductive Health – is a state of complete physical, mental and social well-being and not
merely the absence of disease and infirmity, in all matters relating to the reproductive
system and to its function and process. It constitutes 10 elements namely:
43. Safe House/Half-way Center- a house or building used as a hiding place or temporary
shelter for victims of abuse
44. Sexuality - is one's total expression of personhood on the basis of self-appreciation (body,
mind and feeling) and satisfaction of needs, also considered as physical expression of
intimate relationship with others through various life stages.
46. Solo Parent - any individual who falls under any of the following categories:
1. 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;
2. Parent left solo or alone with the responsibility of parenthood due to death of
spouse;
3. 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;
4. 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;
5. 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;
6. 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;
7. Parent left solo or alone with the responsibility of parenthood due to
abandonment of spouse for at least one (1) year;
8. 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;
9. Any other person who solely provides parental care and support to a child or
children;
10. 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.
47. Transgender- is a general term applied to a variety of individuals, behaviors , and groups
involving tendencies to vary from culturally conventional gender roles.
48. Violence Against Women and their children - any act of gender-based violence that results
in, or is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such act, coercion or arbitrary deprivation of liberty, whether occurring
in public or private life. It shall include but not limited to:
1. Physical, sexual and psychological violence occurring in the family and other
close relationships, including battering, sexual abuse of female children in the
household, dowry-related violence, marital rape, female genital mutilation and
other traditional practices harmful to women, non-spousal violence and
violence related to exploitation.
- feminization of poverty.
49. Wellness Centers – facilities having programs intended to promote and maintain a state of
physical well-being for optional performance and health.
50. Women as Sex Objects - a condition when women became things or properties to be
manipulated, utilized or used for one's sexual desire or interest, usually in exchange of
money or goods where women have no control or power to reject such utilization or use.
Article II
Creation of Barangay, Municipal and Provincial Gender and Development
Committees and their Functions
Every Barangay and Municipality shall allocate at least five percent (5%) of its total annual
appropriations for GAD related projects identified under the annual GAD Plan recommended by the
Barangay and Municipal GAD Committee.
Section 5. GAD Policy and Legislation. Every Barangay and municipality are hereby
encouraged and enjoined to enact policies and legislations in consonance with that of the Provincial
GAD programs and policies. The Barangays and municipalities shall:
2. Provide incentive for women participation in livelihood projects such as home and
cottage industry.
3. Increase the members of women in decision and policy-making posts in the locality
through the implementation of capability programs.
Barangay Officials concerned shall ensure that women who are victims of violence
shall be fully protected and that Barangay Protection Order (BPO) shall be served within the
appropriate time.
Section 6. GAD Committee. There is hereby created in every Barangay and Municipality a GAD
Committee to implement GAD plans and programs to be composed of, but not limited to, the
following:
4. Religious Sector
5. NGO/PO representative
6. Barangay Health Worker (BHW)
7. Persons with Disability ( PWD ) organization Barangay President
8. Parents Teachers Association President (PTA)
9. Midwife
10. Barangay Nutrition Scholar (BNS)
The Barangay and Municipal GAD Committee shall serve as the GAD Focal Point. The Co-
chairman in the Barangay GAD Committee shall be the Focal Person. A municipal GAD focal person,
Technical Working Group (TWG) and the Secretariat shall be designated by the Municipal Mayor
through an Executive Order. The Committee shall prepare programs and projects that must be
included in the GAD plan to ensure their proper implementation.
Section 7. Accomplishment Report/Monitoring . The Barangay shall report its GAD and
GAD-related programs and activities quarterly to the GAD Secretariat in their respective municipality
for inclusion to the latter’s report of accomplishments to the Gender and Development Office in the
Province.
The Provincial Government of Guimaras recognizes that the task of community building and
development is a responsibility of all. Cognizant of this reality, the local government adheres to the
conviction that it is only by addressing the specific needs of women and men, as well as the elderly, the
differently-abled persons and the indigenous people, being gender-responsive, that a better quality of
life in the community is achieved and enjoyed.
For this purpose, every local government unit shall enact legislation for the implementation of
the above policies and programs.
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Section 10. Creation of Guimaras GAD Committee - There is hereby created a Guimaras
GAD Committee as policy-making body on Gender and Development to be composed of, but not
limited to the following:
The GAD Committee will be a special committee under the structure of the Provincial
Development Council.
There is hereby created a Provincial GAD Office (GADO) as a permanent office equivalent to
a department with corresponding budgetary allocation for Personal Services intended for the creation
of Plantilla positions and for maintenance and other operating expenditures to institutionalize GAD
mainstreaming efforts in the Province. It shall serve as secretariat of the GAD Committee and the
PTWG under the Provincial Government. The GADO shall be headed by the Provincial GAD Officer.
It shall be responsible for the preparation and recommendation of the GAD plan, programs and
activities.
Section 13. Functions of the Provincial Gender and Development Office. This distinct
Office shall have the following functions to ensure consistency in the implementation of the provisions
of this Code:
A. Monitoring and Coordinative Functions. These functions shall assure the realistic,
measurable and tangible results in the implementation of this Code. These include, but not
limited to:
1. Legal Aid Services Check. A coordinative services for any legal actions needed in
protecting men, women, children, and special group of person's rights shall be
installed.
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7. The GADO shall set up a monitoring and evaluation system to ensure GAD
mainstreaming in all programs/projects/activities of the Province.
8. The GADO shall coordinate with the Human Resource Management Office in
planning and formulating GAD-related human resource programs and activities. The
program shall include orientation and advocacy on women and children’s rights and
for elimination of all forms of harassment. The HRD Plan of the Province shall
include trainings to equip the government personnel with gender tools, skills and
knowledge in mainstreaming GAD perspective in regular programs and projects. It
must also ensure that all Barangay officials must undergo gender sensitivity training.
10. Such other functions as maybe directed by the Provincial Chief Executive to ensure
proper implementation of GAD plans, projects, policies and programs.
11. Official Development Assistance (ODA) projects in the Province shall be properly
monitored and the GADO shall, in coordination with offices concerned, ensure that
30 percent (30%) of the total project cost shall be utilized for GAD component of the
project/s. (Look for specific guidelines)
B. Maintain Data Base and Information System. The GADO as Secretariat shall
formulate, develop and establish Data and Information System to be accessible to media,
legislators, government agencies, GO’s, NGO’s, and such other concerned agencies
utilizing existing functional data-base structure to integrate sex-disaggregated data and
gender responsive indicators .
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An amount equivalent to at least (five percent) 5% of the total Annual Regular Budget is hereby
appropriated for the implementation of GAD-related activities. GADO shall formulate GAD-related
plans and programs pursuant to the said budget. Other funds for Gender and Development programs
can be sourced from other sources such as Official Development Assistance, Project Development
Assistance Funds, non-government organizations and other available windows for funding.
All local government units from the Barangay up to the municipal level and all the rest of the
agencies in the Province of Guimaras are hereby enjoined and encouraged to come up with their
respective institutional mechanisms to ensure the success of the implementation of GAD programs and
projects.
As provided for by R.A. 9710, otherwise known as the Magna Carta of Women, COA
Auditors are hereby encouraged to conduct gender audit to ensure that local government units and
other government agencies have formulated their respective GAD Plans and that identified P/P/As
are in accordance with their GAD Plan as well as to ensure proper utilization of GAD Budget.
Section16. Support to Gender Studies. A sufficient amount shall be allotted to gender-related
documentation and researches which shall form part of the Province's data-base program
development.
Article III
Culture, Sports and Mass Media
All students shall be given equal opportunity to join or participate in Artistic, Cultural and
Sports activities sanctioned by the school. The Provincial Government shall:
2. Provide support to initiatives that seek to preserve indigenous culture, sports and the
traditional way of life of the Guimarasnons.
3. Encourage the establishment of culture and arts councils and the organization of the
activities promoting peace, equality among women and children.
5. Support activities of the Indigenous People like the celebration of IP Month every
October , SLT (School of Living Tradition), promotion of their products, and
encourage them to participate in all activities of the province.
6. Extend financial support for the activities like sports meet, literary and musical
contests, trainings and the like undertaken by the Department of Education.
7. Encourage youth participation in all activities in the province and shall provide
assistance to youth initiatives that promote cultural and civic responsiveness.
Organizations or associations that promote violence either as a means of recruitment
or conduct among its members is deemed illegal and will be dealt with in accordance
with existing laws.
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Section18. Promoting Peace and Equality through Arts, Culture and Sports.
The Provincial Government shall empower institutions to promote peace and equal
participation of women in the Arts, Culture and Sports.
2. Reactivate the COMPAS (Community Public Address System) which will serve as a
tool to media related updates for increased awareness on gender responsive programs
and services. It will cater all line agencies with their respective programs and thrust
in a culturally acceptable manner.
The Provincial Government with the support of the PNP shall regulate media intervention in
cases of raids on entertainment establishments. Media practitioners shall ensure the confidentiality,
in the taking of pictures, videos, interviews, and exposure to expose the identity of parties.
The Province shall encourage the promotion and publication of gender-fair materials.
Article IV
Gender and Development Orientation/Training
A special paralegal training for Lupong Tagapamayapa shall be conducted along gender
questions and related matters.
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Women and men shall be encouraged to undertake education on national policies and their
implications on women and family.
Article V
Gender Responsive Budgeting and Mainstreaming
The GAD Committee shall prepare its Annual Plan with corresponding budgetary allocation
to be submitted to the Local Chief Executive for incorporation in the Annual Executive Budget.
In the light of the above policies, the province adopts a policy to formulate programs and
strategies, among others, that will mainstream gender concerns in sectoral development plans,
policies and programs.
CHAPTER II
WOMEN, CHILDREN, THEIR RIGHTS AND PROTECTION
Article I
Health Right
Section 27. Rights Based Approach to Health. The Provincial Government of Guimaras
shall:
The Provincial Government of Guimaras shall provide for comprehensive and gender
responsive health services and programs covering all stages of a human’s lifecycle and which
address the major causes of women’s mortality and morbidity. Provided, that in the provision for
comprehensive health services, due respect shall be accorded to women’s religious convictions, and
the demands of responsible parenthood, and the right of women to protection from hazardous drugs,
devices, interventions, and substances.
The Provincial Government of Guimaras shall ensure access and support to the following
quality services:
1. Maternal care to include pre-natal, natal and post-natal care with the adoption of
Department of Health Executive Order 2008-029 that promotes:
2. Promotion of exclusive breastfeeding for the first 6 months and right introduction of
complementary feeding and continue breastfeeding up to 6 months and beyond;
3. Responsible, informed choice, ethical, legal, safe, and effective methods of family
planning;
9. Life cycle approach of women’s health care from womb to tomb to include:
a. newborn care
b. immunization of under five years old children
c. adolescent care
d. women of reproductive age (14-49 yrs. Old)
11. Provide benefits for solo parents and their children in pursuance to the provisions of
R. A. 8972 otherwise known as the Solo Parent Welfare Act.
1. Ensure that health care services are not discriminating on account of gender, age, religion
or political affiliation.
2. Enforce the implementation of maternal child health (MNCHN) policies and guidelines.
The Provincial Health Office in collaboration with the Provincial Health Board, and
Provincial Social Welfare Development Office thru the Provincial Population Unit shall endeavor to
improve the implementation of education/information and advocacy on women’s health.
1. Both women and men shall participate in pollution control and the
implementation of solid waste management programs.
2. The use of pesticides and other toxic chemicals especially on mangoes and
rice land and other commodities are regulated, and the preservation of the
forest, marine and aquatic resources are strictly enforced.
8. All employees and workers both in public and private sector shall be covered
with Philhealth or other health insurance benefits and packages
9. All research institutions to include national agencies, universities and the like
conducting research, studies and other related activities within the Province
shall submit a copy of the results to the Provincial and Municipal Government
for information.
10. Clean Air Act (RA 8749) and other pertinent Laws are implemented.
1. The level of air pollution emitted by the Coal Fired Power Plant in
Iloilo City is monitored, evaluated in coordination with the concerned
LGU’s and Agencies so that necessary steps or measures will be
initiated and implemented to protect Guimarasnons from the possible
health hazard brought by the Power Plant.
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1. The establishment of a Center for mental health for women and men with the
Provincial Health Office in coordination with PSWDO that would cater to
preventive as well as pro-active interventions, management of psychiatric
morbidities and referral of psychiatric cases for further management;
4. That all women, men and children victims of abuses and calamities shall
undergo stress de-briefing and psychological interventions.
1. That policies, programs and activities are undertaken to guarantee the right of
women to the necessary knowledge and means for the full exercise of their
reproductive choice, their beliefs, cultural acceptability and religious
convictions and preferences.
2. That every woman shall be accorded and guided with the right information by
health professionals or trained allied workers as to the right method of choice
in family planning and health services;
3. That women have the right to nurture their personhood, collectively and
individually to secure an image of themselves as a whole and valuable being
and to build relationships based on respect, trust and mutuality;
4. That women who are victims of violence, rape, and sexual abuses shall be
afforded protection, medical services and interventions;
5. That women shall have the right to turn down sexual advances of their
husbands. As such greater advocacy shall be included in disseminating the
provisions of RA 8353 or the New Rape Law that penalizes marital rape.
2. Policies are enacted and strictly enforced for the promotion and preservation
of public safety/road safety especially to the vulnerable groups of elderly,
differently-able, women and children;
7. Women shall have access to safe and affordable public transport services and
infrastructure.
Section 38. Protection against Use and Abuse of Illegal Drugs and Substances
The Provincial Government through their peer educator, counsellor, population worker or
allied health worker/professional who are trained in such field, shall conduct adolescent
reproductive health education.
1. At all times, the year round availability, sustainability, sufficiency and safety
of health-giving food to satisfy the dietary needs of the Guimarasnons.
4. That all foods must be obtained from sources approved by the local health
authority. In this regard, the following requirements are applicable:
a. All meat shall come from duly licensed slaughterhouses inspected and
approved by the veterinarian/meat inspector or the regulatory
authority. Processing of meat products shall be done as per existing
regulation and in an approved manner.
b. Fish, shrimps, prawns and other seafood, and food from aqua culture
farms or ponds shall not come from sources in any manner polluted by
sewage, chemical waste and other toxic substances.
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c. Vegetables and fruits shall come from safe sources where the soil is not
contaminated by night soil, sewage and toxic chemicals.
1. Guarantee that all families should have nutritious and healthy foods in the table.
2. Enjoined every family to have a backyard vegetable garden and to raise livestock and
poultry to sustain their food resources.
3. Ensure that selling and using of iodized salt shall be strictly observed and
implemented as provided for in R.A. 8172 otherwise known as the ASIN Law.
4. Sustain the implementation of PABASA SA NUTRISYON Program in coordination
with the MLGUs & BLGUs.
5. Strengthen the Barangay, Municipal and Provincial Nutrition Committees.
The Provincial Government of Guimaras shall implement programs and mobilize resources
for the promotion of healthy lifestyle, such that:
1. Mainstreaming of the healthy lifestyle with the initiatives at all levels of LGU;
3. All tourist destinations shall have healthy lifestyle programs and policies; In the
promotion of the program, advocacies on how women workers should protect
themselves to sexual advances and abuse should be emphasized.
Article II
Education Right
The Provincial Government of Guimaras shall provide full access of quality educational
materials to all Guimarasnons to enhance their knowledge and learnings on gender issues.
Section 45. Sustainability of the existing Non-Formal Education Programs and Services
1. Ensure the integration of gender sensitive materials and information in the curricula
in all educational levels in Guimaras to promote greater understanding on the
complimentary roles between men and women.
The Provincial Government of Guimaras through the Gender and Development Office shall
conduct Gender Sensitivity Trainings in coordination with the national agencies and all
municipalities in the province.
Section 48. Scholarship and Incentive Programs. The Provincial Government of Guimaras
shall:
1. Institutionalize the scholarship programs for poor but deserving students and shall
not disqualify married women, solo parents, persons with disabilities, indigenous
people to include top performing schools and individual in the field of academics and
sports.
2. Give merit to implementers who facilitate gender equality in the portrayal of roles of
women and men in all aspects of education and in utilization of educational
materials.
Sex education must start at home and it is mandated in the province of Guimaras that it will
be integrated in any learning area in schools where there is an appropriate entry point. This will be
facilitated by a responsible and competent person in the right time, place and in accordance with
their families' cultural orientation.
Section 50. Day Care and Child Minding Centers. The Provincial Government of
Guimaras shall:
1. Ensure the sustainability of the Day Care Centers and Supervised Neighborhood Play in all the
barangays.
2. Strengthen the implementation of the existing Day Care programs and services and provision of
incentives based on the set of guidelines by the Provincial Social Welfare and Development
Office, (PSWDO).
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3. Initiate a collaborative effort with the Department of Education and the Early Childhood Care
and Development Council for the enhancement of the Day Care teachers' competencies and
skills.
5. Enhance the existing Child Minding Center and designate a trained/skilled service provider.
1. Strengthen the existing programs for parents like Parent Enhancement Seminar
(PES) and Empowerment Reaffirmation of Paternal Abilities Training (ERPAT);
2. Create a provincial monitoring and technical assistance team who will oversee the
conduct, implementation and delivery of the said programs in coordination with the
PSWDO and LGUs concerned.
Anyone desiring to engage in female functional literacy program and practical education
such as the Pabasa sa Nutrisyon shall be enlisted in adult education program which shall be set up in
all municipalities in the Province.
Section 54. Monitoring and Reporting of Stereotyped Portrayal of Roles of Women and
Men in Educational Materials.
The Gender and Development Office in coordination with Population Office, shall
coordinate closely with the Department of Education and other network of schools in monitoring
and reporting of stereotyped portrayal of roles of women and men as projected in education
materials.
Article III
Women in Environmental Protection
3. Housing and industrial project sites shall be those unproductive lands unsuitable for
agricultural purposes.
The Provincial Government of Guimaras shall encourage the participation of both men and
women in pollution control, zero-waste technology development and management, preservation of
the forest, marine and aquatic resources and indigenous reforestation with due respect for the
indigenous peoples’ culture and rights to self determination.
The Provincial Government of Guimaras shall engage itself in the development of gender
sensitive natural resource based management programs.
The Provincial Government of Guimaras shall promote the active role of women in the conduct
of Environmental Impact Statement/Environmental Impact Assessment of projects.
The Provincial Government of Guimaras shall actively promote an alternative technology that
is appropriate and safe for everybody's well-being.
Article IV
Support Services
The Provincial Government of Guimaras shall ensure the promotion and protection of the
rights of women and men through advocacy and Information and Education Campaigns, capability
and capacity building and the provision of support services.
The Provincial Government of Guimaras values the dignity of every human person,
particularly women, and guarantees full respect for human rights, recognizes the need to protect the
family and its members from violence and threats to their personal safety and security.
The Provincial Government of Guimaras will exert efforts to address violence committed
against women. It shall monitor the strict implementation of laws related to the protection of
women.
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The Provincial Government of Guimaras shall ensure gender sensitivity and propriety in the
conduct of surveillance, rescue and investigation of cases involving women and shall assist in its
speedy and sensitive prosecution.
A Multi-Agency Quick Response Team will be organized under the direct supervision of the
Office of the Governor. Its composition, functions and funding will be spelled out in an executive
order to ensure its functionality. It shall likewise be tasked to monitor and conduct surveillance on
videoke and karaoke bars and similar places of entertainment.
The Provincial Inter-agency Committee Against Trafficking and Violence Against Women
and Children (PIACAT-VAWC) shall be established and strengthened to cater to victims of human
trafficking and violence against women and their children. The PIACAT-VAWC shall exercise
powers and functions as provided for by Republic Act No. 9208 or otherwise known as 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 purpose.
The Provincial Government of Guimaras through the PIACAT-VAWC will oversee and
monitor the strict implementation of laws on human trafficking, violence against women and their
children and other related laws for the protection of women and children. The Provincial
Government of Guimaras shall:
1. Monitor and oversee the strict implementation of R.A. 9208 (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), R.A. 9262 (An Act Defining Violence Against
Women and their Children, Providing for Protective Measures for Victims, Prescribing
Penalties Therefore, and for Other Purposes), and other related laws for the protection of
women and children, and of the IACAT (Inter-Agency Committee Against Trafficking), and
of the IACVAWC(Inter-Agency Committee Against Trafficking and Violence Against
Women and Children) national plans of action.
2. Create and establish systems on surveillance, investigation and rescue to ensure effective
and efficient coordination.
3. Institute policies and programs to protect women and children victims of trafficking and
violence.
The Provincial Government of Guimaras shall, through Gender and Development Office
(GADO), design and support programs and services to educate and capacitate men on their roles and
obligations in the promotion of Women’s Rights. The PSWDO shall intensify implementation of Family
Welfare Programs to capacitate men as effective partners of women in family building.
Article V
Labor, Livelihood and Skills Participation
The Provincial Government of Guimaras, consistent with the Magna Carta for Disabled
Persons, shall encourage the empowerment of women and men with disabilities in order to protect and
promote their rights and maximize their contribution in the attainment of socio-economic development.
Section 73. Facilities and Support Systems for all Employees.
The Provincial Government of Guimaras shall ensure the safety and health of women
employees. The employers in appropriate cases may:
1. Establish separate toilet rooms, lavatories for men and women and provide at least a
dressing room for women.
2. Establish Homecare Center in the workplace to temporarily cater breastfeeding, child
rearing and early childhood care for working parents while on their respective job.
Article VI
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Article VII
Rural Women’s Rights
Section 87. Promotion of Land-Based Projects. The Provincial Government of Guimaras shall
promote and support land-based projects ensuring food security for rural women.
Section 88. Access to Science and Women-Friendly Alternative Technology Education. The
Provincial Government of Guimaras through the Provincial Office for Agricultural Services, in
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cooperation with the Department of Science & Technology and other related line agencies, shall
encourage access to science and women friendly alternative technology.
Article VIII
Special Groups of Persons
CHAPTER III
MISCELLANEOUS AND PENAL PROVISIONS
Article I
Prohibited Acts Against Women and Children
\
- advertise, publish, print or distribute, or cause the advertisement
publication, printing or distribution of any brochure, flyer or
propaganda material calculated to promote the above mentioned
prohibited acts.
- solicit, enlist, or attract/induce any woman to join any club association
or organization whose objective is to match women for marriage to
foreigners either on mail-order basis or through personal introduction
or cyberspace.
- use the postal services, cyberspace or satellite TV to promote the
above-mentioned prohibited acts.
2. to buy or sell a woman, or any of her body parts.
3. to act as a procurer of a sex worker
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Penalty for the commission of these acts shall be dependent on the prevailing pertinent
laws and regulations.
Article II
RAPE
Rape, When and How Committed. Rape is committed: REVISED PENAL CODE (Article 266-
A)
1. By a man who shall have carnal knowledge of a woman under any of the following
circumstances;
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is demented, even though
none of the circumstances mentioned above be present.
2. By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall
commit an act of sexual assault by inserting his penis into another person’s mouth or anal
orifice, or any instrument or object, into the genital or anal orifice of another person.
(R.A. No. 8353, October 22, 1997)
8. When by reason or on the occasion of the rape, the victim has suffered permanent physical
mutilation or disability.
9. When the offender knew of the pregnancy of the offended party at the time of the
commission of the crime.
10. When the offender knew of the mental disability, emotional disorder and/or physical
handicap of the offended party at the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
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Whenever the rape is committed with the use of a deadly weapon or by two or more
persons, the penalty shall be prision mayor to reclusion temporal.
When the rape is attempted and a homicide is committed by reason or on the occasion
thereof, the penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion of the rape, homicide is committed, the penalty shall be
reclusion perpetua.
Reclusion temporal shall also be imposed if the rape is committed by any of the ten
aggravating/ qualifying circumstances mentioned in this article. (R.A. No. 8353.)
Effect of pardon.
The subsequent valid marriage between the offender and the offended party shall extinguish the
criminal action or the penalty imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the wife as
the offended party shall extinguish the criminal action or the penalty:
Provided. That the crime shall not be extinguished or the penalty shall not be abated if the
marriage be void ab initio. (R.A. 8353.)
Section 113. Pardon and/or Marriage of the Offended Party with the Offender.
The marriage of the offender with the offended party shall extinguish the criminal action or
remit the penalty already imposed upon him. The provision of this paragraph shall also be applicable
to the co-principals, accomplices and accessories after the fact of the crime of rape.
Article III
Women in the Entertainment and Tourism Industry
Article IV
Miscellaneous Provision
Section 124. Prohibition of Printing, Publication, Display and Distribution of Pornographic Scenes
on Shows, Posters, Billboards and other Materials and Similar Literature.
Printing, publication, display and distribution of pornographic scenes on shows, posters,
billboards, literature and other visual materials which treat women as sex objects and commodities
shall be prohibited.
No one shall be forced to marry when he/she is not ready to assume responsibilities borne out
of such marriage. However, the customs and traditions of the indigenous peoples shall be taken into
consideration and duly respected.
CHAPTER IV
IMPLEMENTATION
Article 1
Transitory Provisions
Article II
Final Provisions
I hereby certify to the correctness of the foregoing ordinance which was duly enacted by the
Sangguniang Panlalawigan of the Province of Guimaras during its regular session on December
28, 2011.
38
LORENA MINIERVA-ITUCAS
SP Secretary
We Concur:
Attested:
WILME G. DENILA
Board Member
Temporary Presiding Officer
APPROVED:
I hereby certify to the correctness of the foregoing ordinance which was duly enacted by the
Sangguniang Panlalawigan of the Province of Guimaras during its regular session on September 14,
2011.
EVELYN R. MENDEZ
Secretary Designate
Local Legislative Staff Officer II
We Concur:
Attested:
AURELIO G. TIONADO
Vice Governor
Presiding Officer
Approved: