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Republic of the Philippines

Province of Sarangani
Municipality of Malungon
OFFICE OF THE SANGGUNIANG BAYAN

EXCERPT FROM THE MINUTES OF THE 54TH REGULAR SESSION OF THE 15TH
SANGGUNIANG BAYAN OF iIALUNGON, SARANGANI PROVINCE HELD AT THE
SANGGUNIANG BAYAN SESSION HALL ON AUGUST 30,2023

PRESENT:
HONORABLE MARIANO S. ESCALADA, JR. - Municipal Vice Mayor/Presiding Officer
HONORABLE ERWIN A. ASGAPO - Municipal Councilor
HONORABLE DANILO F, CONSTANTINO - Municipal Councilor
HONORABLE VICTOR M. PADERNILLA - Municipal Councilor
HONORABLE CESAR B. NALLOS, JR. - Municipal Councilor
HONORABLE ROMEL C. RETUYA - Municipal Councilor
HONORABLE EDILBERTO S. YUZON - Municipal Councilor
HONORABLE EDMUNO D. PANGILAN - Munlird Councib (n uanoay nepeseulve)
HONORABLE CARMELA M CONSTANTINO - Municipal Councilor (SK Federation President)

ABSENT:
HONORABLE EVELYN B. ALEGARIO - MuniinlCo.rdor
HONORABLE RODRIGO V. PALEC, JR. - Municipal Councilor
HONORABLE ERNESTO B. ALEGARIO, JR. - Muni{:d Canncior (t-tF ng nga Bararpay prcsttent)

ORDINANCE NO. zozs-20B-ts


Aulhored by: Hon. Carmela M. Constantino
Hon. Romel C. Retuya

AN ORDINANCE APPROVING THE ENHANCED GENDER AND


DEVELOPMENT CODE OF THE MUNICIPALITY OF MALUNGON

WHEREAS, the 1987 Philippine Constitution Article ll Section 14 provides that the State
recognizes the role of women in nation-building, and shall ensure thatfundamental equality before
the law of women and men;

WHEREAS, Republic Act No. 9710, otheMise known as the "Magna Carta of Women,,'
affirms the state's commitment to the elimination of discrimination against women and the
recognition of their rights in various spheres of society;

_ . WHEREAS,
Building
Republic Act No. 7192, known as the "women in Development and Nation-
Act," recognizes women's equal rights and opportunities in national development;

WHEREAS, Republic Act No. 7160, otherwise known as the Local Government Code of
1991.,..empowers local government units to enact measures promoti ng the general
welfare of its
constituents, including the formulation of gender-responsive policies and programs;

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Ordinance No. 2023-208-t5
WHEREAS, the Municipality of Malungon is committed to ensuring the promotion of gender
equality, the elimination of gender-based discrimination, and the empowerment of all individuals
within its jurisdiction;

WHEREAS, discrimination is a crucial and serious issue which still peNades especially
against persons with disability, senior citizens and elderly, children and youth, people living with
Human lmmunodeficiency Virus (HlV), women, Lesbian, Gays, Bisexuals, Transgender (LGBT+),
people with different religious persuasion, and indigenous peoples;

WHEREAS, the Philippines is a state party to several international agreements such as the
Universal Declaration of Human Rights (UDHR), Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW), Convention on the Elimination of all forms of Racial
Discrimination (CERD), lnternational Convention on Civil and Political Rights (ICCPR), United
Nations Convention on the Rights of the Child (UNCRC), a legally-binding international agreement
setting out the civil, political, economic, social and cultural rights of every child, regardless of their
race, religion or abilities, and United Nations Convention on the Rights of Persons with Disabilities
(UNCPRD) which instruments aim to eliminate all forms of discrimination and abuse; as well as
the generally accepted principles of international law such as those but not limited to the 1981
Dec laration on the Elimination of All Forms of lntolerance and Discrimination based on Religion
or Belief, the 1993 UN General Assembly Resolution on Elimination of all Forms of Racial
Discrimination;

WHEREAS, on June 17 , 2011, the United Nations Human Rights Council adopted
Resolution 17l19 (Human Rights, Sexual Orientation and Gender ldentity), which paved the way
for the United Nations Office of the High Commissioner for Human Rights (OHCHR) to issue the
first UN Report in human rights and sexual orientation and gender identity (SOGI). ln the report,
evidence of the discrimination faced by people because of their sexual orientation or gender
identity was presented, including inequities in employment, access to health treatment, care, and
support (TCS) and education, as well as criminalization, physical violence and murder (OHCHR,
201 1). High Commissioner Navi Pillay challenged UN member states to help write a new chapter
in UN history by ending discrimination faced by people of drverse sexual orientation and gender
identity and expression;

WHEREAS, pursuant to the democratic precept which places a high premium on the
importance of fundamental human rights and entitlements, every person must be given equal
access to opportunities in all fields of human endeavors and to equitable sharing of social and
economic benefits for them to freely exercise the rights to which they are rightfully entitled free
from any prejudice and discrimination;

WHEREAS, the Gender and Development Code of the Municipality of Malungon declares
to develop plans, policies, programs, measures, and mechanisms to eradicate any forms of
discrimination and inequality in the economic, political, social, and cultural life of every person
regardless of their class, marital status, age, sex, gender, language, ethnici$, religion, ideology,
disability, education, and status;

NOW THEREFORE, be it resolved as it is hereby resolved that the following ordinance be


approved: 'THE ENHANCED GENDER AND DEVELOPMENT CODE OF THE MUNICIPALITY
OF MALUNGON.

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ordinance No. 202&20&15


CHAPTER I
GENERAL PROVISION

SECTION 1. TITLE. This ordinance shall be known as the ENHANCED GAD CODE OF
MALUNGON 2023-

SECTION 2. DECLARATION OF POLICY. The enhanced GAD Gode of Malungon is a


concrete manifestation of the Municipal Government's strong adherence to democratic principles
that all humans in civil society are equal. lt is the general principle and policy of the Local
Government of Malungon to promote women's empowerment, gender equality, women's human
rights, and gender-responsive development, as an indispensable social intervention in the task of
building a progressive yet peaceful and harmonious community.

This significant initiative is aimed at mainstreaming all gender concerns, ensuring


fundamental equality before the law of everyone in nation-building, expanding their active
participation in the development processes, and providing opportunities for all sectors in achieving
gender equality and gender equity.

Thus, the Municipality shall assure the promotion of gender empowerment to enable the
vulnerable sector to become active agents of development. Towards this end, the Local
Government Unit of Malungon shall pursue and implement vigorously gender responsive
development policies, design and integrate support systems, taking into consideration various
gender concerns, immediate economic survival with support for their efforts of empowerment and
self-determination, and to adopt and implement measures to protect and promote their rights.

To realize this, the Municipality of Malungon shall endeavor to develop plans, policies,
programs, measures, and mechanisms to eradicate discrimination and inequality in the economic,
political, social, and cultural life of all gender. lt condemns discrimination against all genders in all
forms and pursues all appropriate means without delay the policy of eliminating discrimination
against women in keeping with the Convention of the Elimination of All Forms of Discrimination
against Women (CEDAW), and the Universal Declaration of Human Rights (UDHR) and other
national and international agreements and laws.

The Municipality of Malungon shall accord all constituents rights, protection, and
opportunities available to every member of the society and shall intensify its efforts to fulfill its
duties under international and domestic laws without discrimination on account of class, marital
status, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.

The Municipality shall ensure the full integration of women's empowerment and gender
equality concerns in the mainstream of development, shall provide ample opportunities for women
to enhance and develop their skills, acquire productive employment and contribute to their families
and communities to the fullest of their capabilities.

ln pursuance of this policy, the Municipality of Malungon reaffirms the right of all sectors to
participate in policy formulation, planning, organization, implementation, management,
monitoring, and evaluation of all programs, projects, activities, and services. lt shall support
policies, research, technologies, training programs, and other support services such as financing,
production, and marketing to encourage active participation of all gender in local and national
development.

(
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Ordinance No. 2023-208-15


SECTION 3. SCOPE. This ordinance shall be implemented within the territorial jurisdiction
of the Municipality of Malungon covering all Barangays and the Ancestral Domain of the Blaan
and Tagakaulo.

SECTION 4. MANDATES AND LEGAL BASIS. The enactment of the GAD Code is in
consonance with the existing national laws, policies, and international commitments for the Local
Government Unit to be at the forefront in addressing all gender-based issues, as hereinafter
identified:

SECTION 4.I. INTERNATIONAL POLICIES


1. The UN Convention on the Elimination of All Forms of Discrimination Against Women
(UN-CEDAW) articulates the economic, political, and socio-cultural rights of women.
2. The Beijing Platform of Action (BPA) agreed during the 4th World Conference on
Women and its succeeding updates;
3. United Nations Convention on the Rights of the Child;
4. United Nations' 2030 Agenda for Sustainable Development of 201 5;
5. Universal Declaration of Human Rights (UDHR);
6. lnternational Covenant on Civil and Political Rights (ICCPR);
7. Other international conventions and treaties on social development, environment,
population, and development

SECTION 4.2. NATIONAL LAWS AND POLICIES

1 Article ll, Section 14 of the 1987 Constitution which states that the "State recognizes
the role of women in nation-building and shall ensure the fundamental equality before
the law of women and men.";

2. Article Xlll, Section '14 of the 1987 Constitution which recognlzes women's maternal
and economic role.;

3. Article Xlll, Section 11 of the 1987 Constitution which recognizes women's special
health needs;

4. RA 6725: "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.';

5. RA 6955: "An Act Declaring Unlawful the Practice of matching Filipino Women for
Maniage to Foreign Nationals on a Mail-Order basis and other similar practices,
including the Advertisement, Publication, printing or Distribution of Brochures, Flyers,
and other Propaganda materials in Furtherance and providing Penalty thereof.";

6. RA 7160: Local Government Code of 1991 which mandates LGUs to promote the
general welfare and provide basic services and facilities to constituents;

7. R47192: "An Act Promoting the lntegration of Women as Full and Equal Partners of
Men in Development and Nation Building and for Other Purposes.";

8. RA 7322: "An Act lncreasing Maternity Benefits in Favor of Women Workers in Private
Sector, amending for the Purpose Section 14-A of RA 1 161, as amended, and for other
purposes.";

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Ordinance No. 2023-208-15


9. RA 7688: "An Act Giving Representation to Women in the Social Security Commission,
amending for the Purpose Section 3 (A) of RA No. 1161, as amended.";

10. RA 7882: "An Act Providing Assistance to Women Engaging in Micro and Cottage
Business Enterprises and for Other Purposes.";

11 . RA 7877: "An Act Declaring Sexual Harassment Unlawful in the Employment,


Education or Training Environment, and for other Purposes.";

12. RA 8042: "Migrant Workers and Overseas Filipino Act of 1995.";

'13. RA 8171: "An Act Providing forthe Repatriation of Filipino Women Who Have Lost
Their Philippine Citizenship by Marriage to Aliens and of Natural-Born Filipinos.";

14. RA 8353: "An Act Expanding the Definition of Rape, Reclassifying the Same as a Crime
Against Persons, amending for the Purpose RA No. 3815, as amended, otheruise
known as the Revised Penal Code and Other Purposes,"

15. RA 8505: "An Act Providing Assistance and Protection to Rape Victims, establishing
for the Purpose A Rape Crises Center in every Province andCity, Authorizing
the Appropriation of Funds Therefore, and for other Purposes.";

16. RA 9208: "An Act to lnstitute Policies to Eliminate Trafficking in Persons Especially
Women and Children, Establishing the Necessary lnstitutional Mechanisms for the
protection, and Support of Trafficked persons, Providing Penalties for its Violations and
for other purposes.";

17 . RA 9262: 'An Act Defining Violence Against Women and Their Children Providing for
Protective Measures for Victims, Prescribing Penalties Therefore, and for other
purposes.";

18. RA 9710: The Magna Carta of Women;

19. RA 923'1: An act providing for the elimination of the worst forms of child labor and
affording stronger protection for the working child, amending for this purpose Republic
Act No. 7610, as amended, othenarise known as the "Special Protection of Children
Against Child Abuse, Exploitation and Discrimination Act"

20. RA 8972: "An Act Providing for Benefits and Privileges to Solo Parents and Their
Children, Appropriating Funds Therefor and for other Purposes.';

21. RA 9208: "Act which institutionalized Policies to Eliminate Trafficking in persons


Especially Women and Children Establishing the Necessary lnstitutional Mechanisms
for the Protection and Support of Trafficked Persons, providing penalties for its
Violations, and for Other Purposes.";

22. RA 10354: "An Act Providing for a National policy on Responsible parenthood and
Reproductive Health.";

23. RA 8551: "An Act Providing for the Reform and Reorganization of the philippine
National Police.";

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24. RA 6972: "Act Establishing a Day Care Center in Every Barangay.";

25. RA 7600: "An Act Providing lncentives to All Government and Private Health lnstitutions
with Rooming-ln and Breastfeeding Practices and for Other Purposes.";

26. RA 6949: "An Act to Declare March 8 of Every Year is Hereby Declared as a Special
Working Holiday to be Known as National Women's Day.";

27. RA 1 1313: 'An Act Defining Gender-Based Sexual Harassment in Streets, Public
Spaces, Online, Workplaces, and Educational or Training lnstitutions, Providing
Protective Measures and Prescribing Penalties Therefor.";

28. RA 1 1861 : Expanded Solo Parents Welfare Act of 2000;

29. RA '11648: 'An Act Providing for Stronger Protection Against Rape and Sexual
Exploitation and Abuse, lncreasing the Age for Determining the Commission of Statutory
Rape, Amending for The Purpose Act No. 3815, As Amended, Otherwise Known As "The
Revised Penal Code," Republic Act No. 8353, Also Known As "The Anti-Rape Law Of
1997," And Republic Act No. 76'10, As Amended, Otherwise Known as the "Special
Protection of Children Against Abuse, Exploitation and Discrimination Act.";

30. RA 11930, Act Punishing Online Sexual Abuse of Exploitation of Children, Penalizing
the Production, Diskibution, Possession and Access of Child Sexual Abuse or
Exploitation Materials, Amending Republic Act No. 9160, Othenivise Known as the
"Anti-Money Laundering Act Of 2001', As Amended and Repealing Republic Acl No.
9275, Othenrvise Known as the "Anti-Child Pornography Act of 2009.";

31. RA 11861: "An Act Granting Additional Benefits to Solo Parents, Amending for The
Purpose 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.";

32. RA 1 1596: 'An Act Prohibiting the Practice of Child Marriage and lmposing Penalties
for Violations Therefore.";

33. RA 1 1210: ?n Act lncreasing 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.';

34. RA 'l 1 '166: "An Act Strengthening the Philippine Comprehensive Policy on Human
lmmunodeficiency Virus (HlV) And Acquired lmmune Deficiency Syndrome (Aids)
Prevention, Treatment, Care, And Support, And, Reconstituting the Philippine National
Aids Council (PNAC), Repealing for The Purpose Republic Act No. 8504, Otherwise
Known as the "Philippine Aids Prevention and Control Act Of 1998", And Appropriating
Funds Therefor.";

35. RA 10398: 'National Consciousness Day for the Elimination of Violence Against
Women and Children.';

36. RA 11223: "An Act lnstituting Universal Health Care for All Filipinos, Prescribing
Reforms in the Health Care System, and Appropriating Funds Therefor.";

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Ordinance No. 2023-20&15
37. RA 10627: "Anti-Bullying Act of 2013"

38. RA 8172: The Act for Salt lodization Nationwide (ASIN LAW);

39. 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, othenrise known as the GAD budget;

40. Executive Order (EO) 273 which directs all government agencies to 'institutionalize
GAD efforts in govemment by incorporating GAD concerns in their planning,
programming and budgeting processes. lt also mandates agencies to incorporate and
reflect GAD concerns in their agency performance commitment contracts, annual
budget proposals and work and financial plans;

41. Local Budget Memorandum No. 28 which directs local government units to mobilize
resources to mainstream and implement gender and development programs using the
five percent (5%) development fund;

42. Joint Circular No. 2001-1 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 for lntegrating Gender and Development
(GAD) in the Local Planning and Budgeting System through the Formulation of GAD
Plans;

43. Joint Circular No. 2004-1 ol 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 for the Preparation of Annual Gender and
Development (GAD) Plan and Budget and Accomplishment Report to lmplement the
Section on Programs/Projects Related to GAD of the General Appropriations Act;

44. Civil Service Commission Memorandum Circular No 12, Series of 2005 encourages all
heads of Constitutional Bodies, Departments, Bureaus, Offices and agencies of the
national government, local government units, state universities, and colleges,
government-owned and or controlled corporations the use non-sexist language in all its
official documents, communications and issuances;

45. 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;

46. Framework Plan for Women which encourages agencies to promote gender-
responsive governance, protect and fulfill women's human rights, and promote
women's economic empowerment;

SECTION 4.3. LOCAL POLICIES AND LAWS:

'1. Ordinance No.2021-145-'14: An Ordinance Enacting the Revised Child Welfare Code
of the Municipality of Malungon;

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2. Ordinance No. 2021-154-14: An Ordinance Providing Guidelines on The Localization
of the Safe Spaces Act in The Municipality of Malungon;

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ordinance No. 2023-208-15


3. Ordinance No. 2021-1 55-14: An Ordinance Declaring the Second Week of August
Every Year as "Linggo Ng Kabataan" ln the Municipality of Malungon, Sarangani
Province and Providing Funds for The lmplementation Thereof;

4. Ordinance No. 2021-158-14: An Ordinance Establishing Adolescent Sexual and


Reproductive Health Facilities in The Municipality of Malungon and Providing Policy
Guidelines Thereof;

5. Ordinance No. 2021-'162-14: An Ordinance Providing for Comprehensive Youth


Welfare and Development Code in the Municipality of Malungon;

6. Ordinance No.2021-165-14: An Ordinance Establishing Barangay Reading Centers or


E-Libraries in All Barangays in The Municipality of Malungon and Providing Guidelines
in The lmplementation Thereof;

7. Ordinance No.2021-146-14: An Ordinance Regulating the Use and Maintenance of


Streets, Sidewalks, Alleys, And Other Public Roads and Other Purposes in The
Municipality of Malungon;

8. Ordinance No.2020-136-14: An Ordinance lnstitutionalizing the Public Employment


Service Office (PESO) ln the Municipality of Malungon, Sarangani Province and
Appropriating Thereon lts Funding Requirements for lts Operation;

9. Ordinance No. 2020-132-14: An Ordinance Prohibiting the Harassment, Violence,


and/or Any Form of Discrimination Against Persons Who Are Confirmed Case of a
Contagious DiseaseA/irus, Persons Who Have Recovered from A Contagion,
Suspected lnfected Persons and Against Health Workers, Frontliners or Persons
Whose Employment Has Called Them to Report for Duty in Times of
Epidemic/Pandemic or National Health Emergency in The Municipality of Malungon
and lmposing Penalties Thereof;

10. Ordinance No. 2020-133-14: An Ordinance Establishing the lndigenous People's (lP)
Assistance Desk in The Municipal Police Station, Barangay Hall and Other Government
Centers in The Municipality of Malungon, Providing Funds, Penalty and for Other
Purposes Therefore;
11. Ordinance No. 2020-122- 14: An Ordinance Establishing Guidelines in The
Management, Maintenance, And Utilization of the Youth and Sports Hall and
Equipment of The Municipality of Malungon;

12. Ordinance No. 2019-119-14: An Ordinance lnstitutionalizing Blood Donation Program


in The Municipality of Malungon and Appropriating Funds Thereof;

13. Ordinance No. 2020-124-14: An Ordinance Establishing the Barangay Civil


Registration System Hereby Creating the Barangay Civil Registration Committee in
Thirty-One (31) Barangays and The Municipal Civil Registration Board in The
Municipality of Malungon;

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14. Ordinance No. 2020-140-14: Ordinance Amending Section 8 Of Ordinance No. 2019-
121-14 Otheruvise Known as Lingap Sa Barangay Ordinance of The Municipali$ of
Malungon 2019;

15. Ordinance No. 2020-128-14: An Ordinance Updating the Financial Assistance Program
or lskolar Ng Bayan Ng Malungon (lBM) Program of The Municipality of Malungon,
Sarangani Province;

16. lmplementation of the Local Juvenile lntervention Plan lays out the juvenile measures,
programs, and services of the municipality aligned with the mandate and purpose of
Republic Act No. 932t4 known as the Juvenile Justice and Welfare Act as amended by
Republic Act No. '10630;

17. Ordinance No. 't2-2014-051: An Ordinance Eradicating Open Defecation in the


Municipality of Malungon, Sarangani Province, Providing Guidelines, Penalties and
Appropriation Thereof.

18. Ordinance No. 2018-1 10-1 3 (An Ordinance Establishing Violence Against Women and
their Children (VAWC) Desk in Every Barangay of the Municipali$ of Malungon and
Promote Protocol in Handling VAWC Cases at the Barangay Level)

19. Ordinance No. 2016-097-13: An Ordinance Regulating the Selling of Caries Causing
Foods and Drinks to Elementary School Children and Toddlers both Public and Private
Schools in the Municipality of Malungon.

20. Ordinance No. 11-2012-039: An Ordinance lnstitutionalizing the lmplementation of


Maternal, Neonatal, Ghild Health and Nutrition (MNCHN) Strategy/Services in the
Municipality of Malungon, Appropriating Funds thereof;

21 - Ordinance No. 12-2015-066: An Ordinance Establishing the Person with Disability


Affairs Office and Appropriating Funds Hereof;

22. Ordinance No. 2021-168-14: An Ordinance lnstitutionalizing the Programs, Privileges


and Beneflts for Solo Parents and their Children, Appropriating Funds Therefor and for
Other Purposes Pursuant to Republic Act 8972, Known as the Solo Parent Act of 2021

23. Ordinance No.2022-186-15: An Ordinance lnstitutionalizing the Early Childhood Care


and Development (ECCD) Service Programs and Benefits Providing Mechanisms and
Other Purposes in the Municipality of Malungon;

24. Ordinance No.20'16-087-12: An Ordinance that Prohibits any Municipal and Barangay
Officials whether Elective or Appointee to Request or Endorse for a Forced Leave of
Absence and or for Termination from Service of a Barangay Health Workers, Barangay
Nutrition Scholars and Barangay Day Care Workers due to any form of Political
Persecution Before, During, and After a Conduct of Barangay, Local and or National
Election, Setting up Guidelines Related thereto and Providing Penalties for Violation
thereof in the Municipality of Malungon.

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25. Ordinance No. 2023-205-15: "An Ordinance lnstitutionalizing lnnovation and
Collaboration in Attaining No Limitation (l CAN) in Education and providing funds and
mechanisms thereof.

26. Ordinance No.2022-173-14: An Ordinance amending Section 29 lV of Ordinance No.


2021-156-14, otherwise known as ordinance 2021 Code of Economic Enterprise of the
Municipality of Malungon.

27. Ordinance No.2022-175-14: An ordinance imposing service fee for the Philippine
Statistic Authority (PSA) related transactions in the Municipal Civil Registry Office
(MCRO) of Malungon, Sarangani Province.

28. Ordinance No.2022-176-14: An ordinance requiring the owners and manages to


implement safety measures in refueling at any gasoline stations within the territorial
jurisdiction of the Municipality of Malungon. Sarangani Province, providing penalties
thereof.

29. Ordinance No. 20222-180-15: Governance Exemplars for Meaningful Service


Sangguniang Kabataan (GEMS for SK): Search for Most Outstanding Sangguniang
Kabataan in the Municipality of Malungon providing guidelines and funds therefore, and
for other purposes.

30. Ordinance No.2022-182-15: An ordinance institutionalizing drug-free workplace in the


Local Government Unit of Malungon, Sarangani Province, and providing mechanisms
in the implementation thereof and for other purposes.

31. Ordinance No. 2022-183-15: An ordinance requiring business, government,


establishments, offices and structures operating within the territorial jurisdiction of
Malungon to install a Close Circuit Television (CCTV) System and prescribing
guidelines and penalties for violation thereof.

32. Ordinance No. 2022-184-15: An ordinance establishing mechanism in the


implementation of PHILHEALTH Konsulta Package in the Municipality of Malungon.

33. Ordinance No. 2022-185-15: An ordinance institutionalizing integrated organic


backyard garden, promoting Food Always in the Home (FAITH), Providing incentives
and appropriating funds therefore;

34. Ordinance No. 2019-11$13: An Ordinance reguhting the manufacture, sale, distribution,
possession or use of firecrackers and other pyrotechnic devices and such other similar
devices, and exploding of firecrackers and other similar explosives to preserve peace,
and safety, and internal security of the constituency within the Municipality of Malungon,
Sarangani Province.

35. Resolution No.2022-504-14: Resolution adopting the Republic Act No. 8976, otherwise
known as act establishing the Philippine Food Fortificaton Program for other purpose,
in the Municipality of Maungon.

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36. Resolution No. 2022-505-l4Resolution adopting the RepublicAct No. 10028, otherwise
known as an Act Expanding the Promotion of Breastfeeding, amending for the purpose
Republic Act No. 7600, otheruvise known as an act providing incentives to all
government and private health institutions with rooming-in and breastfeeding practices
and for other purpose, in the Municipality of Malungon.

37. Resolution No. 2022-506-14: Resolution adopting the Republic Act No. 8172, otherwise
known as an act promoting salt lodization nationwide and for related purposes, in the
Municipality of Malungon.

38. Resolution No. 2022-506-14: Resolution adopting the Republic Act No. 8172, otheruise
known as an act promoting salt lodization nationwide and for related purposes, in the
Municipality of Malungon.

39. Resolution No.2022-509-14: Resolution adopting the National Nutrition Council (NNC)
Resolution No. 1, Series oI 2002, entitled; Adopting the National Policy on Nutrition
Management in Emergencies and Disasters, in the Municipality of Malungon.

40. Resolution No.2022-127-15: Resolution approving the Municipal lnvestment Plan for
Health (MIPH) CY 2023-2025 of the Municipality of Malungon.

SECTION 5. DEFINITION OF TERMS. For the purpose of this Ordinance, the following
terms shall mean as follows:

1 Abuse - refers to physical, psychological, and emotional maltreatment of the person


based on religion, age, disability, ethnicity, sexual orientation, gender identity, and
expression, and health status;

2. Accommodation - refers to a house, apartment, condominium, townhouse, flat,


motel, boarding house, hotel, or dormitory, which is open to the general public. lt
also includes the grant of license clearance, certification, or any other document
issued by governmental authorities or other private juridical entities;

3. Adolescent Friendly Health Facility (AFHF) - refers to health centers, lying-in


clinics, and Provincial Hospital present in the municipality that met the quality
standards set by the Department of Health;

4. Adolescent Sexual and Reproductive Health (ASRH) Care - refers to the access
to a full range of methods, techniques, and services that contribute to the
reproductive health and well-being of young people by preventing and solving
reproductive health-related problems.

5. Age - refers to the person's time of existence or duration of life. This is a reference
to ageism where one is discriminated against on the basis of age;

6. Ancestral Domain - refers to all areas generally belonging to lCCs/lPs comprising


lands, inland waters, coastal areas, and natural resources therein, held under a
claim of ownership, occupied or possessed by lCCs/lPs, themselves or through their

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ancestors, communally or individually since time immemorial, continuously to the
present except when interrupted by war, force majeure or displacement by force,
deceit, stealth or as a consequence of government proiects or any other voluntary
dealings entered into by government and private individuals, corporations, and
which are necessary to ensure their economic, social and cultural welfare.

It includes ancestral land, forests, pasture, residential, agricultural, and other


lands individually owned whether alienable and disposable or otherwise, hunting
grounds, burial grounds, worship areas, bodies of water, mineral and other natural
resources, and lands which may no longer be exclusively occupied by lCCs/lPs but
from which their kaditionally had access to for their subsistence and traditional
activities, particularly the home ranges of lCCs/lPs who are still nomadic and/or
shifting cultivators; (Section 56 of RA 8371 - The lndigenous Peoples Rights Act of
1997 (IPRA of '1997);

7. -
Barangay Micro Business Enterprises (BMBE) any business enterprise
engaged in the production, processing, or manufacturing of products, including agro-
processing, as well as trading and services, with total assets of not more than P3
million;

8. Battering - is any single or sporadic act of physical, emotional, psychological, and


economic abuse which shall include repeated and habitual cyclic patterns as a
means of intimidation of the batterer's will and control over the victim's life;

9. Benefit Dance/Disco - a dance in the locality where women are commodified for
fundraising purposes;

10. Blaan - are one of the indigenous peoples of Southern Mindanao inthe Philippines.
Their name could have derived from "bla" meaning "opponent" and the suffix "an"
meaning "people";

11 . Catcalling - refers to unwanted remarks directed towards a person, commonly done


in the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist
slurs;

12. Child - a person below eighteen (18) years of age or those over but are unable to
fully take care of themselves or protect themselves from abuse, neglect, cruelty,
exploitation, or discrimination because of a physical or mental disability or condition;

1 3. Children - refers to those who are below eighteen (18) years of age or over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disabilig or
condition;

14. Collateral Relatives - next kin who are not in direct line of inheritance such as a
cousin;

15. The commodification of Women - a practice that puts women in a subordinate


situation that results in the treatment of women as both consumers and objects of

&,ulv

Page 12 of 76
ordinancs No. 202$20&1S
consumption. As consumers, women are allured to buy, sell or give beauty products
to enhance their physical attractiveness. As objects of consumption, women are
reduced to sexual commodities;

16. Development - the improved well-being, or welfare, of people and the process by
which this is achieved. The sustained capacity to achieve a better life;

17. Differently-Abled Persons- are those who experience one or a combination of


physical and/or mental impairments with distinct needs and potentials;

18. Discrimination against women - any gender-based distinction, exclusion or


restriction which has the effect or purpose of 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;

19. 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;

20. Economic abuse - refers to acts that make or attempt to make women financially
dependent which includes but is not limited to the following:
o
Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation business, or activity, except in cases
wherein the other spouse/partner objects on valid, serious, and moral
grounds as defined in Article 73 of the Family Code;
o
Deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of the conjugal, community, or property owned in
common;
r Destroying household property;
r Controlling the victim's own money or properties or solely controlling the
conjugal money or properties.

21. Enabling Environment for Women's Economic Empowerment - a gender-


responsive enabling environment of a combination of policies, programs,
institutional mechanisms, and similar measures at the national and local levels that
promote and facilitate the growth of women's microenterprises to small and medium
enterprises;

22. Disability - refers to an individual with,


r Physical, cognitive, intellectual, mental, sensory, developmental or some
combination of these that results in the restrictions on an individual's ability
to participate in what is considered "normal" in their everyday society;
o Record of such impairment; or
. Being regarded as having such impairment.

23. Discrimination - refers to any distinction, exclusion, restriction, or preference which


is based on any ground such as sex, sexual orientation, gender identity or
expression, disability, age, health status, ethnicity, and religion which has the

Page 13 of 76
odinanc€ No. 2023-208-1 s
purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on
an equal footing of the human rights and fundamental freedoms in the civil, political,
economic, social, cultural, or any other field of the public life of a person,

24. 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. lt includes any act or
omission, including by law, policy, administrative measure, or practice, that directly
or indirectly excludes or restricts women in the recognition and promotion of their
rights and their access to and enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against women if it


fails to provide for mechanisms to offset or address sex or gender-based
disadvantages or limitations of women, as a result of which women are denied or
restricted in the recognition and protection of their rights and in their access to and
enjoyment of opportunities, benefits or privileges; or women, more than men, are
shown to have suffered the greater adverse effects of those measures or practices;

25. Feminization of poverty - the phenomenon that women represent disproportionate


percentages of the world's poor; the burden of poverty is borne by women;

26. Fund Raising lnitiatives - refer to any activity integrated, in whole or in part, such
as raffle draw, benefit or disco dance, premier showing of movies, or any similar
fund-raising undertakings where women/men are used as donor prizes, or
recognition, or any manner, activity, come-on display, or exhibit which depicts
women/men as the cenhal, partial or special focus in order to raise funds;

27 . GAO Plan and Budget or GAD Budget - a portion of an agency's or local


government unit's yearly appropriation which is not an additional amount over and
above its regular budget but a mandatory of at least five percent (5%) of the total
LGU budget appropriations authorized under the Annual Budget which shall
correspond to activities implementing Gender and Development programs, projects.

28. GAD Focal Point System - refers to means of mechanism dedicated in developing
programs into mainstreaming to the community. lt also serves as a monitoring enti$
to come up with a point system wherein all the agencies will be able to comply with
a certain standard as gender-sensitive establishments or institutions;

29. GAD Plan - a systematically designed set of programs, activities, and projects with
clear objectives for addressing gender issues and appropriate strategies and
activities with monitoring and evaluation indicators. A blueprint of how an agency
can achieve gender responsiveness. A set of interventions designed to transform
gender-blind agencies into organizations with a gender perspective. An instrument
to make all aspecls of the agency and its work gender-responsive. lt provides the
basis for the GAD budget;

Poge 14 of 76
ordinance No. 202&20&15
30. Gender- is a socially and cufturally constructed differentiation between men and
women for all sexual orientations and gender identities, created partly through
socialization and partly through positive and negative discrimination in the various
institutions and structures of society;

31. Gender awareness - is the understanding that there are socially determined
differences between genders based on learned behavior, which affect the ability to
access and control resources;

32. Gender roles - are the particular economic, and social roles and responsibilities
considered appropriate for all genders in a given society. Gender roles and
characteristics do not exist in isolation, but are defined in relation to one another and
through the relationship between all gender;

33. Gender sensitivity - is the ability to perceive existing gender differences, issues,
and equalities, and incorporate these into strategies and actions;

34. Gender-Based Violence refers to a series of physical, emotional, and psychological


abuse. lt is a repeated and habitual cyclic pattern and means of intimidation and
imposition of the batterer's will control over the survivor's life (Marshall Hamsen and
Michael Harway,. 1993). lt constitutes the following kinds of baftering behavior:

o Physical Violence refers to acts that include bodily or physical harm;


o Sexual Violence refers to which is sexual in nature; committed against a
woman or her child. lt includes, but is not limited to: Rape, sexual
harassment, acts of lasciviousness, treating a woman or her child as a sex
object, making demeaning and sexually suggestive remarks, physically
attacking sexual parts the victim's body, forcing her/him to watch indecent
shows or to do indecent acts, forcing the wife and mistress/lover to live in the
conjugal home or sleep together in the same room with the abuser;

Act causing or attempting to cause the victim to engage in any sexual activity
by force, threat of force, physical or other harm or threat of physical or other
harm or coercion; Prostituting the woman or her child.

a Psychological abuse or violence- refers to acts or omissions causing or


likely to cause mental or emotional suffering to the victim, such as but not
limited to intimidation, harassment, stalking, damage to property. This
includes threats of suicide, punching hold in walls, threatening to take the
children away, threatening deportation of wives with foreign citizenship,
threatening to kidnap children or take them to foreign countries, and forcing
the women to do degrading acts. lt may also include controlling the women's
lawful or usual activities, the use of foul words or statements and threats,
abandonment, and expulsion (forcing the women to leave the conjugal
dwelling.) The provision shall likewise apply to common-law relations but
does not include adulterous acts as contemplated in the Revised Penal
Code;

Page 15 of 76
Ordinance No. 2023-208-15
a Sexual Harassment - a form of Violence Against Women (VAW) involving
an act or series of unwelcome sexual advances, request for sexual favors,
or other verbal or physical behavior of sexual nature that tends to create a
hostile or offensive work environment;
a Online Sexual harassment - on the conduct targeted at a particular person
that causes or is likely to cause another mental, emotional, or psychological
distress, and fear of personal safety, sexual harassment acts include
unwanted sexual remarks and comments, threats, uploading or sharing of
one's photos without consent, video and audio recordings, cyberstalking and
online identity theft;

35. 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-determination and
actualization of human potential. lt 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;

36. GAD Database - current data which are collected and computed for all gender, and
which facilitated gender-based analysis of problems and decision-making in
planning

37. Gender Equality - refers to the principle asserting the equality of men and women
and their right to enjoy equal conditions realizing their full human potential to
contribute to and benefit from the results of development, and with the State
recognizing that all human beings are free and equal in dignity and rights;

38. Gender Equity - refers to the policies, instruments, programs, services, and actions
that address the disadvantaged position of women in society by providing
preferential treatment and affirmative action. Such temporary special measures
aimed at accelerating de facto equality between women and men shall not be
considered discriminatory but shall in no way entail as a consequence the
maintenance of unequal or separate standards. These measures shall be
discontinued when the objectives of equality of opportunity and treatment have been
achieved;

39. Gender Mainstreaming - Refers to the strategy, process, and or systems of rallying
women's empowerment and gender equality through gathering and assessing data,
existing paradigms, practices, and goals which affect implications of women and
men to be the bases of responsible legislation, plans, programs, projects, and other
support mechanisms and integrate the results to the different social institutions such
as government, family, churches, schools, and media to attain satisfactory yield in
the pursuit of gender equality and women empowerment;

Page 16 of 76
Ordinance No. 2023-208-15
40. Gender Expression - refers to the outward manifestations of the cultural traits that
enable a person to identify as male or female according to patterns that, at a
particular moment in history, a given society defines as gender appropriate;

41. Gendor-fair - people are given favorable treatment regardless of race, class, sex,
and cultural status. Any practice, policy, or procedure should have equal treatment
to an individual or group;

42. Gender-Fair Language is the use of non-sexist language which devalues members
of one sex, almost invariably women, thus fosters gender inequality. lt discriminates
against women by rendering them invisible or trivializing them at the same time that
it perpetuates the notion of male supremacy. Gender fair language includes gender-
neutral (they) and gender-inclusive language (he or she). Examples: Man = human
being; mankind = humanity, chairman=chairperson; businessman=business
owners, etc.

43. Gender ldentity - refers to the personal sense of identity as characterized, among
others, by the manner of clothing, inclination, and behavior in relation to masculine
or feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite sex, as in the case of:

i. Transvestite- a person and especially a male who adopts the dress


and often the behavior typical of the opposite sex especially for
purposes of emotional or sexual gratification;
ii. Transgender a person whose self-identity does not conform
-
unambiguously to conventional notions of male or female gender;
iii. Transexual - a person who psychologically identifies with the
opposite sex and may seek to live as a member of this sex especially
undergoing surgery and hormone therapy to obtain the necessary
physical appearance (as by changing the external sex organs).

44. 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;

45. Gender Sensitive - having an understanding of the marginalized position of women


and consciously challenging the atitudes and behavior that reinforce women's
subordinate status;

46. Gender Sensitization - is an experiential and critical process of learning and


unlearning by an individual, female or male, of the causes and effects of the
culturally determined roles of women and men;

47. Gender Statistics - information and data that provide not only the comparison
between women and men but ensure that women's and men's participation in and
contribution to society are
correctly measured and
valued;

Page '17 of 76
Ordinance No. 2023-208-15
48. Gender Responsive - Laws, policies, and procedures made, should be
accommodating to people regardless of race, class, sex, and cultural status;

49. Goods and Services refer to but shall not be limited to establishments,
-
individuals, and groups of individuals supplying physical goods and services such
as restaurants, resorts, hotels, stores, clubs, and shopping malls as well as those
providing clearing, repair, maintenance, construction, financial, health,
transportation and public utility services;

50. Health care service provider -


refers to any of the following:
o Public or private health care institution, which is duly licensed and accredited
and devoted primarily to the maintenance and operation of facilities for health
promotion, disease prevention, diagnosis, treatment, and care of individuals
suffering from illness, disease, injury, disability or deformity, or in need of
obstetrical or other medical and nursing care;
r A health care professional, who is a doctor of medicine, a nurse or a midwife;
o Public or private health worker engaged in the delivery of health care
services: or
. Barangay Health Worker (BHW) who has undergone training programs
under any accredited government and NGO and who voluntarily renders
primarily health care services in the community after having accredited to
function as such by the local health board in accordance with the guidelines
set by the Department of Health;

51 . Health Status - refers to both the physical and mental health of an individual, group,
or populations as perceived by the individual or as diagnosed by a competent
medical health officer. ln particular, human immunodeficiency virus and acquired
immune deficiency syndrome (HIV-AIDS) status person and health conditions such
as but not limited to leprosy, hepatitis, and tuberculosis among others, subject them
to social stigma;

52. Homophobia - refers to negative attitudes and feelings toward homosexuality or


people who are identified or perceived as being lesbian, gay, bisexual, or
transgender (LGBTO+). lt can be expressed as antipathy, contempt, prejudice,
aversion, or hatred, may be based on irrational fear, and is sometimes related to
religious beliefs;

-
53. Human lmmunodeficiency Virus (HlV) refers to a virus of the type called a
retrovirus, which infects cells of the human immune system, and destroys or impairs
the cells'function. lnfection with HIV results in the progressive deterioration of the
immune system, leading to immune deficiency;

54. lndecent Shows - are shows which include nudity or other provocative gestures
that further prolect and exhibit men and women as sex objects;

55. lndigenous people - groups of people who have continuously lived as an organized
community or in a community-bounded and defined territory, and who have under

Page 18 of 76

Ordinance No. 2023-208-15


claims of ownership since time immemorial, occupied, possessed, and utilized such
territories sharing common bonds of language, customs, and traditions, and other
distinctive cultural traits. They are regarded as lndigenous on account of their
descent from the colonization and who may have resettled outside their ancestral
-
domain. Land-Based Projects are activities 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;

56. IPRA Law - an act to recognize, protect and promote the rights of indigenous cultural
communities/indigenous people, creating a national commission of indigenous
people, establishing implementing mechanisms, appropriating funds thereof, and for
other PurPoses;

57. Law enforcers - the member of the Philippine National Police, the Barangay
Tanods, and anybody who is tasked or deputized by an appropriate authority in
enforcing national and/or local laws;

58. LGBT - The LGBT community encompasses a broad range of


identities,
experiences, and cultures. Additionally, the acronym is often expanded to include
more identities and is frequently written as LGBTQ+ to represent the inclusion of
other sexual orientations and gender identities such as queer, questioning, intersex,
and others;

59" Live shows - include dancing naked or doing sexually titillating or indecent acts in
public or private places for commercial or entertainment purposes;
60. Marginalization - refers to exclusion, ignoring, and regelation to the outer edge of
a group/society/community;

61. Marginalized - refers to the basic sector, disadvantaged or vulnerable persons or


groups who are mostly living in poverty and have little or no access to land and other
resources, basic social and economic services such as health care, education, water
and sanitation, employment and livelihood opportunities, housing, social security,
physical infrastructure and the justice system;

These include, but are not limited to, women in the following sectors and groups:

o Small Farmers and Rural Workers refers to those who are engaged directly
or indirectly in small farms and forests areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall
include, but are not limited to, (a) small farmer who own or are still amortizing
for lands that is not more than three (3) hectares, tenants, leaseholders, and
stewards; and (b) rural workers who are either wage earners, self-employed,
unpaid family workers directly and personally engaged in agriculture, small-
scale mining, handicrafts, and other related farm and off-farm activities;

a Workers in the Formal Economy - refers to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the gover nment and all its branches, subdivisions,

Y
/ eage t9 of 76
Ordinance No. 20zg-20&15
and instrumentalities, all government-owned and controlled corporations and
institutions, as well as non-profit private institutions or organizations;

a Workers in the lnformal Economy - refers to self-employed, occasionally or


personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers and operators of sari-sari stores and all other
categories who suffer from violation of workers' rights;

a Migrant Worken8 - refers to Filipinos who are to be engaged, are engaged, or


have been engaged in a remunerated activity in a state of which they are not
legal residents, whether documented or undocumented;

a lndigenous People/s - refers 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 ownership since time immemorial, occupied,
possessed customs, tradition, and other distinctive cultural traits, or who have,
through resistance to political, social, and cultural inroads of colonization, non-
indigenous religions and culture, became historically differentiated from the
majority of Filipinos.

They 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 non-indigenous religions
and cultures, orthe 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 as defined under
Section 3(h), Chapter ll of Republic Act No. 8371, otheMise known as "The
lndigenous Peoples Rights Act of 1997' (IPRA of 1997);

62. Medical Confidentiality -refers to the core duty of medical practice where the
information provided by the patient to health practitioners and his/her health status
is kept private and is not divulged to third parties. The patient's health status,
however, be shared with other medical practitioners involved in the professional care
of the patient, who will also be bound by medical confidentiality. Medical
confidentiality applies to the attending physician, consulting medical specialist,
nurse, medical technologist, and all other health workers or personnel involved in
any counseling, testing, or professional care of the patient. lt also applies to any
person who, in any official capacity, has acquired or may have acquired such
confidential information;

63. Mental Health Program - support program provided to clients experiencing


psychosocial and psychiatric crises;

64. Other Places of Amusement- include all other places of amusement not
specifically enumerated or otherwise provided for in this Code, including but not
limited to night clubs, cocktail lounges, super or family clubs, disco houses, minus
one or sing-along houses, bars or beer houses/garden, fast food centers showing

Page 20 of 76
Ordinance Ho. 202&.208-15
sports competition replay shows by direct hook up via satellite or those showing
video cassette films/movies and other places of amusement where one seeks
admission to entertain himself whether by seeing or viewing or by direct
participation;

65. Pedophile - adult with sexual desire for children or who has committed the crime
of sex with a child;

66. Persons with Disability - are those individuals defined under Section 4 of
Republic Act 7277, as persons suffering from restriction or different abilities, as a
result of mental, physical, or sensory impairment to perform an activity in a manner
or within the range considered normal for a human being. lt can be congenital or
caused by an accident. Disability shall mean:

a a physical or mental impairment that substantially limits one or more


psychological, physiological, or anatomical functions of an individual or activities
of such individual;
a a record of such an impairment; or

67. Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at
work, in educational institutions and elsewhere, trafficking in women, and
prostitution; and physical, sexual, and psychological violence perpetrated or
condoned by the State, wherever it occurs. lt also includes acts of violence against
women as defined in Republic Acts No. 9208 and 9262;

68. Places of Amusement - lnclude theaters, cinemas, concerts, halls, circuses, and
other places of amusement where one seeks admission to entertain oneself by
seeing or by viewing the show or performance;

69. Pornography -refers to any representation through publication, exhibition,


cinematography, indecent shows, information technology, or by 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;

70. Prostitution - refers to any transaction, scheme, or design, including the sale,
purchase, and exchange of a person, whether woman, man, or child for sexual
gratification or pleasure of another in exchange for cash profit or other
considerations by an individual, including but not limited to the pimp, procurer of
the service, parents, owners of the establishments such as disco, bars, sauna bath,
massage clinics, hotels and restaurants, internet caf6 and any other person who
uses various schemes to prostitute any person. lt also includes any act that
promotes or facilitates the accomplishment of the said act, transaction, scheme, or
design;

71. Psychosocial Services - refers to the provision of help or support for the well-
being of an individual who has suffered as a result of physical harm or psychological
or emotional distress that further resulted in an unpleasant or traumatic experience.
The services are provided to restore the impaired physical, social, emotional,

Page 21 of 76
ordinance No. 2023-208J5
psychological and spiritual aspects of the person to ensure a victims' safety and
security, involving the process of recovery and reintegration into community life.

72. Ridicule - is an act of making fun or contemptuous imitating or making a mockery


of the person in writing or in words or action on the basis of his or her religion, age,
disability, ethnicity, sexual orientation, gender identity, and expression, and health
status;

73. Religious Discrimination - refers to valuing or treating a person or group differently


because of what they do not adhere to, specifically, it is when adherents of different
religions (or denominations) are treated unequally, either before the law or in
institutional seftings such as employment or housing. This likewise includes persons
who do not adhere to any religion;

74. Reproductive Health (RH) - refers to the state of complete physical, mental, and
social well-being and not merely the absence of disease or infirmity, in all matters
relating to the reproductive system and to its functions and processes (as defined
in the lnternational Conference on Population and Development and World Health
Organization, and affirmed in the Be[ing Platform for Action (BPfA). lt constitutes
ten (10) elements, namely:

a. Maternal and Child Health, and Nutrition;


b. Family Planning;
c. Prevention and Treatment of Reproductive Tract lnfections (RTls)
including STDs, HlV, and AIDS;
d. Prevention and Management of Abortion Complications;
e. Education and Counselling on Sexuality and Sexual Health;
f. Breast and Reproductive Tract Cancers and Olher Gynecological
Conditions;
g. Prevention and Treatment of lnfertility and Sexual Disorders;
h. Men's Reproduc{ion Health;
i. Adolescent Reproductive Health;
j. Violence Against Women
75. Reproductive Health Care - refers to 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. lt also includes sexual health, the
purpose of which is the enhancement of life and personal relations;

76. Safe Space - a formal or informal place where a person feels comfortable, physically
and emotionally safe. And enjoy the freedom of self-expression without the fear of
judgment or harm;

77. Senior Gitizens - refers to those persons whose ages are sixty (60) years and
above;

78. Sex - the natural distinguishing variable based on the biological characteristics of
being a male or a female;

P?{,e 22 ol76
ordinance No. 2023-208-1S
79. Sex and Gender - are interactive. While sex and its associated biological functions
are programmed genetically, gender roles and power relations vary across cultures
and through time, and thus are amenable to change;

80. 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;

81. 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 a physical
expression of intimate relationship with others through various life stages;

82. Sexual Harassment - as defined under Republic Acl7877, is work, education, or


training-related sexual harassment committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainer or
any other person who, having authority, influence or moral ascendancy over another
in a work or training or education environment, demands, requests or otherwise
requires any sexual favor from the other, regardless ofwhether the demand, request
or requirement for submission is accepted by the object of said Act;

83. Sexual Orientation - refers to the direction of emotional sexual attraction or


conduct. This can be towards people of the same sex (homosexual
orientation) or towards people of both sexes (bisexual orientation) or towards
people of the opposite sex (hetero sexual orientation);
84. Shaming - refers to emotional pain by making the victim feel foolish based on the
person's diverse sexual orientation and gender identity/expression;

85. SOGIE- is an acronym that means Sexual Orientation and Gender ldentity or
Expression. The Sexual Orientation and Gender ldentity Expression
(SOGIE) Equality Bill is also known as the AntFDiscrimination Bill (ADB). lt was
introduced in the 17th, 18th, and 19th Congress of the Philippines, which aims to set
into law measures to prevent various economic and public accommodation-related
acts of discrimination against people based on their sexual orientation, gender
identity, or expression.

86. Solo Parents - refers to those who fall under the category of a solo parent defined
under Republic Act No. 8972, othenlise known as the "Solo Parents Welfare Act of
2000';

87. Stalking- refers to conduct directed at a person involving repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or
will likely cause a person to fear for one's own safety or the safety of others, or to
suffer emotional distress;

88. stigma - refers to the dynamic devaluation and dehumanization of an individual in


the eyes of others which may be based on aflributes that are arbitrarily defined by

Page 23 of 70
Ordinance Ho. 2023-208-1s
olhers as discreditable or unworthy, and which result in discrimination when acted
upon;

89. Survivors' Support Group - pertains to any organized group of women to whom a
survivor of violence voluntarily agrees to establish a professional helping process.

90. Tagakaulo -
refers to the tribe who inhabits Mindanao, in Sarangani, Davao del
Sur, and Mt. Apo. Tagalaya from the mountain, indicates they came from the river
sources. Presently, they are also found in the coastal towns of Malita, Lais, and
Talaguton Rivers. There are approximately 71,356 native speakers (2000, SIL
lnternational). Tagakaulo belongs to the Austronesian and Malayo-Polynesian
language families; its dialect is related to the Mandaya, Kalagan, and
Kamayo. Tagakaulo translates to "inhabitants of headwater (olo sa tubig) or sources
of rivers and streams." Central to the Tagakaulo or Kaulo culture is the datu who
presides over civic and labor duties and is the autonomous chief over an area;

91. Trafficking in Persons - as defined under Republic Act 10364 or the Expanded
Anti-Trafficking in Persons Act, refers to the recruitment, obtaining, hiring, providing,
offering, transportation, transfer, maintaining, harboring, or receipt of persons with
or without the victim's consent or knowledge, within or across national borders by
means of threat, or use of force, or other forms of coercion, abduction, fraud,
deception, abuse of power or of position, taking advantage of the vulnerability of the
person, or, the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person for the purpose of exploitation which
includes at a minimum, the exploitation or the prostitution of others or other forms of
sexual exploitation, forced labor or services, slavery, servitude or the removal or
sale of organs.

The recruitment, transportation, transfer, harboring, adoption, or receipt of a child


for the purpose of exploitation or when the adoption is induced by any form of
consideration for exploitative purposes shall also be considered as 'trafficking in
persons' even if it does not involve any of the means set forth in the preceding
paragraph.

92. Temporary Special Measures - refers to a variety of legislative, executive,


administrative, and regulatory instruments, policies, and practices aimed at
accelerating this de facto equality of women in specific areas. These measures shall
not be considered discriminatory but shall in no way entail as a consequence the
maintenance of unequal or separate standards. They shall be discontinued when
their objectives have been achieved;

93. Under+mployed - pertains to those who have jobs but are receiving below
minimum wage.

94. vilification - refers to the utterance of slanderous and abusive statements done in
any activity in public which incites hatred towards serious contempt for, or severe
ridicule towards any person/s based on religion, age, disability, ethniclty, sexual
orientation, gender identity and expression, and health status;

v Page 24 of 76
ordinance No. 202&208-t 5
95. Violence Against Women - 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 arbihary deprivation of liberty, whether
occurring in public or private life;

96. ViolenceAgainst Women and Children (VAWC) - refers to 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 acts, coercion,
or arbitrary deprivation of liberty, whether occurring in public or in private life. lt shall
be understood to encompass, but not limited to, the following:

Physical, sexual, psychological, and economic violence occurring in the family,


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

97. Women's Empowerment - refers to the provision, availability, and accessibility of


opportunities, services, and observance of human rights which enable women to
actively participate and contribute to the political, economic, social, and cultural
development of the nation as well as those which shall provide them equal access
to ownership, management, and control of production, and of material and
informational resources and benefits in the family, community, and society;

98. Women in Especially Difficult Circumstances (WEDC) - refers to victims and


suryivors of sexual and physical abuse such as rape and incest, illegal recruitment,
prostitution, trafficking, armed conflict, women in detention, and other related
circumstances which have incapacitated them functionally;

99. Women in the Military - refers to women employed in the military, both in the major
and technical services, who are performing combat and/or non-combat functions,
providing security to the State, and protecting the people from various forms of
threat. lt also includes women trainees in all military training institutions;

100. Youth - refers to persons' ages '15-30 years old in accordance to RA 10742;
(An Act Establishing Reforms in the Sangguniang Kabataan Creating Enabling
Mechanisms for Meaningful Youth Participation in Nation-building, and for other
Purposes)

CHAPTER II
MUNICIP AL INTEGRATED GENDER AND VELO PMENT PROGRAMS

sEcrloN 6. GENDER sENstflvtry TRA|N|NG pRocRAM. Ail schoots, offices,


establishments, or companies, public and private, departments, and agencies within the
Municipality of Malungon, in coordination with MGAD unit, thru the Human Resource
Management Unit (HRM or Personnel Unit) shall provide gender sensitivity haining, orientation

Page 25 of 76
Ordinance No. 202$208-ts
or re-orientation on gender concepts, gender sensitivity to officials, employees, and students to
equip them with theoretical and practical knowledge on gender issues and concerns. A report of
compliance shall be submitted to the MGAD Office.

SECTION 7. GAD CAPACITY ENHANCETUENT PROGRAIUI. lt shall ensure all schools,


offices, establishments or companies, departments, barangay government units, , thru the Human
Resource Management Unit (HRM or Personnel Unit)and tribal councils within the Municipality of
Malungon to conduct or undergo gender sensitivity orientation and training in order to equip them
with theoretical and practical knowledge on gender issues and concerns.

SECTION 8. ORIENTATION ON SEXUAL HARASSilIENT. All government agencies and


private offices, commercial/industrial establishments located in the Municipality shall conduct
regular orientation on sexual harassment at least once a year for their respective employees.
LGU's newly hired, re-hired, re-employed or promoted shall undergo orientation or re-orientation
on sexual harassment. Certificate of Compliance shall be submitted to the Municipali$ Gender
and Development Focal Point System.

SECTION 9. SETTING UP OF THE COMMITTEE ON DECORUM AND INVESTIGATION.


The Malungon LGU shall set up/create its own Committee on Decorum and lnvestigation (CODI)
including the promulgation of the lmplementing Rules and Regulations or policy on sexual
harassment that will provide/prescribe procedures for the investigation of sexual harassment
cases and administrative sanctions covering all Municipal Officials and employees in accordance
with the provision of Republic Act 7877 (Sexual Harassment) and the Civil Service Law.

SECTION 10. INSTITUTIONALIZATION OF INNOVATION AND COLLABORATION IN


ATTAINING NO LIMITATION (l CAN) lN EDUCATION. is a priority program through
convergence, collaboration and innovation in providing quality basic education and services to
build on the capabilities and life skills of the children of Malungon.

SECTION 11. ISKOLAR NG BAYAN NG MALUNGON. Municipal Ordinance No. 2020-


1 28-14 is a college education assistance program granted to a qualified applicant for the poor but

deserving student-resident of Malungon to attain tertiary/baccalaureate or vocationalitechnical


courses.

SECTION'12. FACILITIES AND SUPPORT SYSTEM TO EMPLOYEES. THE Municipality


of Malungon shall ensure the safety and health of women and in appropriate cases, provide
facilities such as but not limited to: separate toilet rooms and lavatories for men and women; at
least a dressing room for women and child-rearing and early childhood care centers and
breastfeeding rooms for working parents.

SECTION 13. PROMOTION OF GENDER-FAIR MATERIALS. There shall be an active


promotion for the use and publication of gender-fair materials in common forms in the municipality
of Malungon.

SECTION'14. GENDER.SENSITIVE NATURAL RESOURCE MANAGEi'IENT


PROGRAM. The Municipality of Malungon shall adhere to a gender-sensitive natural resource-
based management program.

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Odinancs No. 208-20&15
SECTION 15. WOMEN IN ENVIRONMENT AND NATURAL RESOURCE
MANAGEMENT. The Municipality of Malungon, in partnership with the Barangay Local
Government Units, shall advocate and promote the active participation of women in environmental
management and development.

SECTION I6. LEGAL ASSISTANCE SERVICES FOR VICTIMS OF VIOLENCE AGAINST


WOMEN, MEN AND CHILDREN. The Local Government of Malungon shall provide assistance
to victims of violence against women, men, and children in the municipality. Towards this end, the
LGU thru the GFPS may seek legal assistance from any government legal offices such as Public
Attorney's Office or (PAO) and Public Prosecutors.

SECTION 17. DISASTER RISK REDUCTION MANAGEMENT. The Municipali$ of


Malungon through the Municipal Disaster Risk Reduction Management Office (MDRRMO) in
partnership with MDRRMO shall all gender, children, youth, and able-bodied senior citizens to
take active participation and involvement in the pre-disaster and resilience building, during and
post disaster undertakings.

1. Pre-disaster and resilience building:


a. Ensure that women, children, and youth participate in public awareness and
education campaign on disaster risk management and climate change
adaptation;
b. Ensure that women, children, and youth are involved in the Hazard, Vulnerability
and Capacity Assessment (HVCA) mapping and in the formulation of disaster
contingenry plans;
c. Ensure that women, children, and youth are represented in the Municipal and
Barangay Disaster Risk Reduction Council structure and are distributed in the
different service committees to ensure their participation in planning and
decision-making processes;
d. Design an emergency response plan for vulnerable groups, including women
and children for search and rescue operations, evacuation management plan
and rehabilitation plan;
e. Build the capacity of women, children and youth in managing community-based
early warning system (CBEWS);
f. Build the capacity of women, children, and youth in managing trauma and
providing psychosocial interventions to disaster victims;
g. Train women, children, and youth in providing first aid medical response to cases
resulting from disasters;
h. Maintain updated data and statistics, on vulnerable groups (e.g., women,
children, senior citizens, persons with disabilities and people living with
HtviAtDS)

2. During disaster
a. Prioritize the vulnerable groups in search and rescue operations;
b. Maintain sex-disaggregated data about the vulnerable groups;
c. Provide a separate evacuation center for women and their children;
d. Ensure that the minimum standards in disaster response as set forth in the
Humanitarian, charter, including peopre's need for water, sanitation, health care
, nutrition, food and shelter are met.

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ordinance No. 2023-208-1 5
e. Ensure provision of Minimum lnitial Service Package (MISP) for women and
children during emergencies.

3. Posf drsaste r (Recovery and Rehabilitation)


a. Ensure women's participation in resilience building and recovery efforts by:
a.1. lnvolving women in the conduct of Damage Assessment and Needs
Assessment (DANA) to ensure that women's and children's situation and
specific needs are well taken into account;

a.2. lnvolving women as participants of Food-for-Work and Cash-for-Work


schemes in restoration work. This provides them with job and income
opportunities which could ensure households' food security and good
health condition.

b. lnvolve women and all other vulnerable sector in the rehabilitation of the
agricultural sector by providing them training and agricultural inputs, including
seeds and implements;
c. Ensure that psychosocial and stress-debriefing interventions for marginalized
sector disaster victims are carried out by women providers to better situate the
intervention;
d. Ensure that women and children have access to and control over water,
sanitation, nutrition, food, shelter, and health care to ensure their full recovery.

4. Funding. The municipal as well as the barangay governments of Malungon shall


ensure that portion of the flve percent (5%) Calamity Fund is allocated for meeting
the special needs of the vulnerable groups, especially women and children in the
emergency and relief phase up to the recovery and rehabilitation stage. The
municipal and barangay government units shall also appropriate a budget for
disaster preparedness activities.

5. Establishment of Child, PWD, and Women Friendly Spaces. All BLGUs shall set
up child, person with disability and women friendly spaces in every barangay
declared under a state of calamity as needed, based on guidelines to be
promulgated by the DSWD. ln addition, BLGUs shall coordinate with lead agencies
and CSOs to effectively respond to the needs of women, persons with disability, and
children in the area.

SECTION 18. GENDER€ENSITIVE COMPREHENSIVE DEVELOPi,IENT PLAN


(CDP). A gender-sensitive Comprehensive Development Plan shall among others, take into
consideration the following :

a. Development plans, policies and programs shall mainstream gender concerns


and intensify awareness thereof;
b. Development shall contribute to women's economic and social progress;
c. Development shall safeguard the family as the basic social institutions;
d. Vulnerable sector shall be provided an active and expanded role in the
development planning, implementation, monitoring and evaluation;
e. Disaster preparedness and relief and rehabilitation programs shall ensure the
rights and welfare of all gender and children;

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Ordinance t',to. 202$20&t s
f. Development shall duly consider the rights of all to education, health and
sources of livelihood.

SECTION 19. SUPPORT TO GENDER STUDIES. A sufficient amount shall be allotted to


gender-related documentation and research which shall form part of the municipali$'s sex
disaggregated data-based program development;

The Municipal Planning and Development Office shall be responsible in the keeping and
maintenance of a data bank relative to GAD concerns. The barangay government units in the
municipality shall endeavor to maintain their respective GAD database.

SECTION 20, SUFFICIENT BUDGET FOR BASIC SOCIAL SERVICES. AN AMOUNT


necessary to underwrite the basic social services for all in extremely difficult circumstances shall
be allocated.

SECTION 21. OVERSEAS CONTRACT WORKERS SUPPORT. The Municipal


Government shall conduct profiling of overseas contract workers who are residents of Malungon
and who became survivors of abuse and violence and victims of illegal recruitment, the results of
which shall serve as basis in identifoing special support to all OCW's and take the list of legitimate
placement agencies for monitoring services.

SECTION 22. SPECIAL COURSE ON OVERSEAS CONTRACT WORKERS. IN


coordination with the Department of Labor and Employment, special course on overseas contract
workers to primarily orient them on the issues and concerns relative to migration shall be
introduced at the municipal level prior to deployment.

SECTION 23. TRAINING ON NON-TRADITIONAL OCCUPATION. Women shall be given


an opportunity to acquire training on non-traditional occupation such as those related to science
and technologies.

SECTION 24. INTEGRATION OF DEVELOPMENT PROGRAMS. The Local Government


Unit through the GAD Focal Point System shall integrate programs and activities inlo the Local
Development Plans that shall facilitate the empowerment of women.

SECTION 25. GAD RESOURCE CENTER (GRC). The Municipal Government of Malungon
shall establish a GAD Resource Center. lt shall have the capacity to respond to all the needs for
GAD mainstreaming and shall provide the following services and resources:

r Update library materials on GAD and women's studies;


r Capacity development programs;
r Technical assistance on policy development plans, projects, programs,
monitoring and evaluation and other related concerns; and
r Research programs

SECTION 26. CRISIS INTERVENTION CENTER. A crisis intervention center shall be


established and maintained to serve as a temporary shelter with appropriate support services for
women and children in crisis under the management and supervision of the Municipal Social
Welfare and Development Office.

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Ordinance No. 2023-208-15
CHAPTER III
HEALTH SERVICES

SECTION 27. REPRODUCTIVE HEALTH CARE DELIVERY. The Municipality shall adopt
the reproductive health care approach at all levels of health care delivery. Such approach
integrates many issues not previously considered central to population, sexuality, reproductive
tract infection, gender power relations and domestic violence and shall not be limited to family
planning and child bearing. Women's decision to prevent and control pregnancy shall be given
the appropriate support and guidance by all health professionals, private and public at very
minimal or no cost at all.

The elements of reproductive health care include the following:

o 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;
r Maternal, neonatal and child health and nutrition, including breastfeeding as
embodied in the MNCHN Ordinance;
. Proscription of abortion and management of abortion complications;
. Adolescent sex and reproductive health guidance counselling and services;
o Prevention, trealment and management of reproductive tract infections
(RTls), HIV and AIDS and other sexually transmittable infections (STls);
. Elimination of violence against women and children and other forms of
sexual and gender-based violence;
o Education and counselling on sexuality and reproductive health;
e Treatment of breast and reproductive tract cancers and other gynecological
conditions and disorders;
o Male responsibility and involvement and men's reproductive health;
o Prevention, treatment and management of infertility and sexual dysfunction;
o Mental health aspect of reproductive health care;
o Konsulta Package which includes benefits and assistance to each
individual in the municipality of Malungon.
o Rabies Prevention and Eradication Program;
r Emerging and re-emerging lnfectious Diseases Program

SECTION 28. BUDGET FOR HEALTH CARE SERVICES. A sufficient amount in its annual
budget for health care services shall be allocated to expand access of its constituents to health
care services.

SECTION 29. CAPACITY DEVELOPMENT OF HEALTH PERSONNEL INCLUDING


coMMUNlrY HEALTH CARE PROVIDERS. The office of the Human Resource Management
shall facilitate trainings on basic health care seryices including Gender Sensitivity Training and
other relevant training for all health care providers such as h,/ofs, barangay health care woikers,

v Page 30 of 76
Ordinance No. 2023-208-15
barangay nutrition scholars in their annual capacity building activities to ensure efficient and
gender responsive healthcare management system.

SECTION 30. MEN'S INVOLVEMENT lN REPRODUCTIVE HEALTH. Reproductive health


programs and projects, which include, among others, training and seminars, shall involve men of
all ages, recognizing their crucial role in the maintenance of women's health and well-being.

SECTION 3.t. INTEGRATION OF REPRODUGTIVE HEALTH TOPICS IN THE SCHOOL


CURRICULUM AND OUT-OF€CHOOL YOUTH PROGRAMS. The municipal government, in
collaboration with the Department of Education, shall promote the integration of reproductive
health education in the curriculum of primary and secondary schools in the municipality and Out-
of-school Youth programs. Relative thereto, a comprehensive training program for school
administrators and teachers on reproductive health shall be developed and implemented.

SECTION 32. PREVENTION AND EARLY DETECTION OF WOMEN'S HEALTH-


RELATED DISEASES. The Municipal Health Office shall promote the importance of prevention
and early detection of women's health-related diseases and providing support for the purpose,
including subsidizing the cost of pap smear, acid wash examination and vaccination for cervical
cancer. The amount of which, however, shall be determined by the Municipal Health Office.

SECTION 33. INFORMATION, EDUCATION AND COMMUNICATION CAiJIPAIGNS ON


REPRODUCTIVE HEALTH ISSUES, SEXUALLY TRANSMITTEO INFECTIONS, TEENAGE
PREGNANCY, GENDER POWER RELATIONS AND DOMESTIC VIOLENCE. ThE MUNiC|PAI
Gender and Development Council, in coordination with the Barangay Health Station shall
undertake an information, education and communication (lEC) campaign to raise the level of
public awareness about women's reproductive health issues on sexually transmitted infections,
including HlviAlDS, teenage pregnancy, gender power relations, and domestic violence issues.

SECTION 34. 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 by health professionals, private and public physicians at a very minimal cost.

SECTION 35. FAMILY PLANNING SERVICES. The MHO shall provide counseling and
education on family planning to provide family planning options. Likewise, the MHO may include
family planning as a line item in its annual budget to allow the allocation of funds for the purchase
of contraceptives. The MHO and/or may also adopt a User's Fee Policy on contraceptives where
contraceptive users c:ln be required to pay for reproductive health products and services to
ensure continuous supply of contraceptives.

SECTION 36. UPGRADING FACILITIES FOR HEALTH AND REPRODUCTIVE CARE,


THE municipal and barangays shall upgrade their health facilities to provide and/or improve
primary health and reproductive care services.

SECTION 37. FORMULATION OF COMPREHENSIVE HEALTH CARE PROGRAM AND


OBSTETRIC SERVICES. The Municipal Health Office shall formulate a comprehensive health
care program and improved obstetric services for pregnant and lactating mothers by improving
maternal health and reduce anemia among pregnant and lactating women. Likewise, it shall
provide obstetric-related medical ac{ivities to all pregnant women during prenatal and post-natal
period.

Page 31 of 76
Ordinance No. 2023-208-1S
SECTION 38. HEALTH BENEFITS FOR EMPLOYEES/WORKERS. The Municipal
government shall ensure that all employees and workers of food service-related establishments
are healthy and are given health benefits by their employers, such as annual medical and physical
examination. ln view thereof, all employees are required to submit a medical certificate before the
issuance of Mayor's Permit to Operate.

SECTION 39. FAMILY PLANNING COUNSELING AND SERVICES FOR EITHER OR


BOTH TEENAGE PARENTS. ln accordance to the Republic Act No.10354, othenrise known as
the Responsible Parenthood and Reproductive Health Act of 2012, minors who are already parent
or has had miscarriage can have access to family planning services with proper counseling in
Health stations whether natural or artificial without the written consent from their parents or
guardians. This is to prevent repeat pregnancies among adolescent parents. For this purpose,
the staff of local health facilities, teachers, and social workers shall be trained in the provision of
adolescent-friendly and responsive information and services.

SECTION 40. GENDER.FAIR APPROACH TO PRE.MARRIAGE COUNSELLING


PROGRAM. The Municipality of Malungon shall continuously strengthen the Pre-Marriage
Counselling team, which facilitates Pre-Marriage Counselling to would-be couples to promote
gender equality and shared responsibility of husband and wife in the development of the family
and the community.

SECTION 41. SOCIAL PROTECTION MECHANISMS AGAINST VIOLENCE FOR


ADOLESCENTS. Expectant and current mothers whose pregnancies were the result of sexual
violence shall be given access and support to legal, medical, physio and psychosocial services
through the Municipal Women and Children Protection Center and Municipal Crisis lntervention
Center.

SECTION 42. COUNSELLING FOR HIV-AIDS. ln accordance of Republic Act of ',l1155


otherwise known as the Philippine HIV and AIDS Policy Act, HIV screening, testing, and
munseling for adolescents be implemented in the Municipal Rural Health Office.The Municipal
RHU that serves as the HIV testing facility of Malungon shall provide free pre-test and posltest
HIV counseling to those individuals who wish to avail HIV testing, which shall likewise be
confidential. No HIV testing shall be conducted without informed consent.

SECTION 43. COMPREHENSIVE HEALTH CARE SERVICE IN


GENDER
PERSPECTIVE. No person shall be denied of health care services on the account of gender, age,
sex, creed, civil and social status, education, religion and ethnicity.

SECTION 44. REPRODUCTIVE HEALTH SERVICES FOR ALL HEALTH FACILITY. No


hospital and other health care facilities within the municipality, public or private, shall deny any
person, especially the marginalized, the right to avail himself/herself of appropriate health care at
all times. Non-compliance by any health facility shall be a ground for revocation and non-renewal
of the business permit or administrative charges to concerned officials in the case of government
facilities. ln cases of indigent patients coming from the Municipality of Malungon, medical and
social services personnel shall conduct an assessment for a possible recommendation of
assistance.

sEcrloN 45. PRoMorloN oF BREASTFEEDING. The municipatity of Matungon shail


promote exclusive breastfeeding for six (6) months and the continuation of breastfeeding for two

Page 32 of 76
Ordinance No. 202$208-1S
(2) years. Accordingly, all establishments and offices shall be encouraged to provide
breastfeeding facilities for their workers and clients.

SECTION 46. WEIGHING OF INFANTS, CHILDREN, AND PREGNANT, AND


LACTATING MOTHERS. All barangay health centers and stations shall undertake annual
Operation Timbang (OPT) or weighing of infants, children, and pregnant and lactating mothers.
Reports shall be submitted to the Municipal Health Office to program and identify the necessary
interventions. This shall also include school children.

SECTION 47. ACCESS TO SAFE AND POTABLE WATER. All barangays in the
Municipality shall endeavor to provide easy access to safe drinking water and potable water
supply by installing appropriate water systems in coordination with BLGUS.

SECTION 48. PROTECTION AGAINST DRUG USE AND ABUSE. A Municipal Anti-Drug
Abuse Council shall ensure the implementation of the protection against drug use and abuse and
proliferation of illicit drugs in the Municipality.

SECTION 49. NUTRITION PROGRAM. ln the effort of combating malnutrition among


children, pregnant and lactating mothers, the following shall be undertaken:

a Formulation of a comprehensive program on nutrition and integrating the same in


the regular plans and programs of the municipal government. The Municipal
Agriculture Office (MAO), Municipal Nutrition Office (MNO), Municipal Health
Office(MHO), Municipal Local Disaster Risk Reduction and Management Office
(MRRMO), Department of Education (DepEd), Municipal Engineering Office (MEO),
Sangguniang Kabataan (SK), Municipal Social Welfare and Development Office
(MSWDO) and Non-Government Organizations (NGO's) shall formulate a
comprehensive program on nutrition and integrate the same in their regular plans
and programs to promote nutritious diet among children, pregnant and lactating
mothers. There shall also be a nutrition program for school children which will be
done in consultation with the Parents-Teachers Association (PTA) and Day Care
Parents Committee (DCPC).
a Adoption of FAITH gardening and institutionalization of Pabasa sa Nutrisyon. The
municipal government shall adopt and promote FAITH (Food Always in the Home)
Gardening in all barangays. Likewise, it shall institutionalize the Pabasa sa
Nutrisyon to complement FAITH.
o Weighing of pregnant and lactating mothers. All barangay health centers and
stations shall encourage all pregnant and lactating mothers to undertake regular
weighing. Reports shall be regularly submitted to the Municipal Health Office for the
purpose of crafting appropriate intervention. Monitoring and Evaluation shall likewise
be conducted regularly.
a Promotion of exclusive breastfeeding. Promotion of exclusive breastfeeding for six
(6) months and encourage the continuation of breastfeeding up to (2) years.
Likewise, all establishments and offices are encouraged to provide breastfeeding
area/facility for their workers and clients.

v
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Ordinance No. 2023-208t5
CHAPTER IV
EDUCATION

SECTION 50. PROMOTION OF GENDER.SENSITIVE COUNSELLING, MENTAL


HEALTH, AND CAREER GUIDANCE PROGRAM. Public and Private schools, colleges, and
technical institutions within the municipality are encouraged to promote gender-sensitive
counseling, mental health, and career education programs for all to pursue non-traditional
professions, promote the importance of mental health awareness and widen their career
opportunities.

SECTION 51. THE INDIGENOUS PEOPLES EDUCATION (IPED) PROGRAM. ls the


DepEd response to right of indigenous peoples (lP) to basic education that is responsive to their
context, respects their identities, promotes and preserved the value of their indigenous
knowledge, skills, and other aspects of their cultural heritage. Specifically, the objectives of the
lPEd Program are the following:

a. Contextualization of the cuniculum culturally responsive to the specific community


of lP learners;
b. Build the capacity of teachers, school heads, and other concerned personnel at
different levels of governance in implementing culture-based education for lPs;
c. Support the development of culturally appropriate learning resources and learning
environment responsive to the specific community context of lP learners; and
d. Strengthen the policy environment supportive of lPEd; and e. address the learning
needs of lP learners who lack access to basic education services.

SECTION 52. GENDER SENSITIVITY EDUCATION. The Municipality of Malungon,


through its GAD Focal Point System (GFPS), in coordination with the respective school
authorities, shall raise the level of awareness of teachers, administrators, and members of the
Parents, Guardians, and Teachers Association (PTA) within its jurisdiction about gender fairness
and sensitivity.

a. Gender Sensitivity Orientation and Training shall be conducted for teachers,


administrators, and the members of PTA;
b. lntegration of sex and gender education in the formal education system as a special
course shall be encouraged with due consideration to the students'level of need
and comprehension;
c. Popularization in the schools within the jurisdiction of the municipality of the six core
messages on gender-fair education developed by the Department of Education:
shared parenting, shared home management, shared decision-making, equalized
opportunities, equalized representation, and enhanced participation of women in
public affairs and business, and elimination of violence against women.

SECTION 53. GENDER.RESPONSIVE NON-FORMAL EDUCATION FOR ADULTS


AND our-oF-scHool YourH. The Municipality of Malungon, through the communig Training
and Employment coordinators (crEC) and the Alternative Learning system lnlS) of tne
Department of Education and other educational institutions within- the jurisdiction of the
municipality shall endeavor to promote th; following:

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Ordinance No. 208-208,1 5
a. Adult and out-of-school youth education programs. Anyone desiring to engage in
functional education, literacy programs, and practical education shall be enlisted in
the said programs;
b. Technical and Vocational Education and Training through Technical Education and
Skills Development Authority (TESDA);
c. lnclusion of discussions/lectures on pertinent laws and concerns related to women
and children in the education programs for adults and oulof-school youth.

SECTION 54. MONITORING AND REPORTING OF GENDER-FAIR CURRICULUM


AND GENDER-INSENSITIVE EDUCATIONAL MATERIALS AND FACILITIES. The GAD
Committee shallcoordinate with the ECCD Focal Person, District Supervisors, and/or Principal/in-
charge of each district in the municipality in monitoring gender-fair curriculum and reporting the
use of gender-insensitive educational materials and facilities.

SECTION 55. SCHOLARSHIP PROGRAM. The Municipality with its educational


assistance/ scholarship program for the poor but deserving students shall ensure that there will be
no discrimination in qualifying its beneficiaries regardless of sex, gender, disability, ethnicity, and
religion.

SECTION 56. SUPPORT FOR INDIGENOUS FORMS AND OTHER MEDIA AND
INFORMATION COMMUNICATIONS TECHNOLOGY. Media advocacy on women's rights and
gender-related concerns through indigenous forms and expressions as well as new technologies
of communication shall be supported and encouraged.

CHAPTER V
LABOR, EMPLOYMENT, AND ECONOMIC OPPORTUNITIES

SECTION 57. EQUAL ACCESS TO EMPLOYMENT, TRAINING, AND PROMOTION. ThE


Municipality of Malungon and all establishments in the municipality shall ensure that policies on
hiring, training, and promotion of employees are not discriminatory to women including those in
the military service. Every employer shall comply with the minimum wage as prescribed by law
and shall grant all benefits to employees such as maternity/paternity leave, sick and vacation
leaves, including VAWC leave as provided in RA 9262 and special leave benefits for women as
provided in RA 9710, retirement, termination and such other benefits as provided for by law.

SECTION 58. NON-DISCRIMINATION lN


EMPLOYMENT. Att institutions and
establishments and their employers shall implement non-discriminatory policies concerning terms
and conditions of employment, especially for women employees/workers.

a The LGU hereby adopts RA 6725 which prohibits discrimination with respect to
terms and-conditions of employment solely on the basis of sex. Under this law, any
employer favoring a male employee over a female in terms of promotion, training
opportunities, and other benefits solely on account of sex is considered
discrimination.

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ordinance No. 2023-208-15
b. Payment of lesser compensation, including wage, salary, or other forms of
remuneration and fringe benefits to women employees orworkers compared to male
employees or workers for work of equal value.

SECTION 59. IOs-DAY EXPANDED MATERNITY LEAVE UNDER RA 11210.


Maternity benefits of '105-days shall be extended to all women employees (public and private)
with an option to extend for an additional thirty (30) days without pay, granting an additional Fifteen
(15) days for solo mothers.

SECTION 60. FACILITIES AND SUPPORT SYSTEM FOR WELL.BEING OF WOMEN


AND MEN EMPLOYEES/WORKERS. Employers shall ensure the health, safety, and well-being
of their women and men employees/workers. ln appropriate cases, employers shall:

Establish separate toilets, lavatories, and lounge for women and men;
Set up a home care center in the workplace where working parents may have
breastfeeding, child rearing, and early childhood care and development activities
while on their respective jobs;
lnstitute flexible working arrangements to accommodate the various responsibilities
of women and men to their families;
Ensure that the working environment shall be gender sensitive to prevent sexual
harassment, sexual abuse, and other forms of maltreatment in the workplace and
be conducive and safe to work for women and men employees/workers.

SECTION 6,I. SUPPORTTO RA I0644OTHERWISE KNOWN AS "GO NEGOSYOACT".


The Municipal Government of Malungon shall support the establishment of Go Negosyo Centers
under the supervision of the Micro, Small, and Medium Enterprise Development (MSMED)
Council which will serve as a One-Stop-Shop to promote and support entrepreneurial efforts and
activities and shall be responsible for promoting ease of doing business and facilitating access to
services for MSMEs within the province. The MSMED Council shall encourage public-private
partnerships in the establishment and management of Negosyo Centers. The MSMED Council
'Go Local, Support Local" thru the Department of Trade and lndustry shall perform oversight
functions and assign personnel to fulfill the functions ofthe Negosyo Centers.

SECTION 62. SUPPORT FOR BMBE ACT OF 2002. The Municipal Government shall
support the BMBE Act which encourages the formation and groMh of Barangay Micro Business
Enterprises (BMBES) and integrates those enterprises in the informal sector with the mainstream
economy, thru
1 ) Rationalization of bureaucratic restrictions;

2) Active, intervention of the government especially at the local level; and


3) Granting incentives and benefits.

SECTION 63. SUPPORT FOR CAPACITY DEVELOPMENT FOR ALL ECONOMIC


EMPOWERMENT. This is aimed at increasing the ability of individuals, organizations, and
institutions to perform their functions, fulfill their mandates and achieve their goils by integrating
all gender's economic empowerment perspectives in their inputs, strategies, processes, and
systems. Gender and development through economic empowerment bicome value-adding
perspeciives to the way national government agencies and local government units develop
an-
implement policies and plans relative to MSME development and ieliver programs and services
to everyone in livelihoods and micro-enterprises.

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Oruinance No. 2023-208-15
It also constitutes mainstreaming the cross-cutting themes of gender, emnomic
governance, enterprise development and environment in the development planning process of
the local government unit such as policy-making, planning, implementation, monitoring and
evaluation.

SECTION 64. EMPLOYMENT AND CAPITAL ASSISTANCE PROGRAM. The Municipality


thru the agencies engaged in socio-economic programs shall not deprive anyone of capital
assistance, subsidy and/or employment because of sex and gender. The Municipality, GOs,
NGOs, and other organizations or entities, shall ensure that women and men are provided with
the following:

a- Equal access to formal sources of livelihood, credit, capital and technology;


b. Equal share to the produce of farms and aquatic resources, and
c. Employment opportunities for returning women and men migrant workers taking into
account their skills and qualifications.

SECTION 65. PROTECTION AND WELFARE OF DOMESTIC WORKERS. The


Municipality of Malungon shall hereby adopts for enforcement the provisions of Republic Act
'10361 otheMise known as Domestic Workers Act or Batas Kasambahay. All local government
units and law enforcement agencies including national government operating in the province shall
establish effective monitoring system.

Republic Act No. 10361, An Act lnstituting Policies for the Protection and Welfare of
Domestic Workers, signed into law on 18 January 2013. The Act provides for the protection of
domestic workers against abuse, debt bondage, and worst forms of child labor. lt sets minimum
standards for wages, hours and days of rest, and other benefits for domestic workers.

SECTION 66. ENHANCING THE LOCAL ENABLING ENVIRONMENT ECONOMIC


EMPOWERMENT. This component builds the LGU's capacities to integrate all sectors' economic
empowerment concerns in their local economic and enterprise development agenda and
initiatives. lt likewise enhances LGU capacities to forge partnerships with support networks such
as the private sector, business support organizations, non-government organizations to support
everyone's economic empowerment.

ln this manner, LGUs are able to develop policies, plans, programs and services that
would enable more marginalized sectors in microenterprises to have access to and control over
high- value productive resources such training, credit, technology, markets, among others to
become small- and medium-scale enterprises, participate in community development, and
provide their women workers social protection benefits.

To reinforce gender-responsive implementation of programs, projects and services for


women in microenterprises at the local level, the component will capacitate, promote and support
local government partner-led activities toward WEE, specifically the:

o Establishment of baselines of microentrepreneurs and workers in


microenterprises;
r Set-up or enhancement of service delivery mechanisms;

r
o Enhanced programs and services necessary for scaling up enterprises and/or
improving productivity;

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Ordinance No. 2023-208-15
. Conduct of community orientation/information sessions encouraging anyone to
avail of WEE programs and services;
o lnformation dissemination on enhanced programs and services for economic
empowerment,
o Development of knowledge products;
r lntegration of gender mainstreaming and WEE-related M&E framework,
indicators and tools;
o Replication of WEE models through conduct of study-visits;
r Award-giving and incentive provision to LGUs with good WEE practices;
r lnstitutionalization of environmental impactassessment.;

SECTION 67. PROMOTION OF ALTERNATIVE TECHNOLOGIES. The Municipality shall


actively promote technologies which are safe and women-friendly in the pursuit of livelihood and
other income generating activities.

SECTION 68.
ACCESS TO SCIENCE AND WOMEN.FRIENDLY ALTERNATIVE
TECHNOLOGY AND PRODUCTIVITY CENTER. The Municipality, in cooperation with the
Department of Science and Technology (DOST) and other related line agencies, shall establish
a women-friendly and alternative technology resource center for women and other marginalized
sectors.

SECTION 69. ECO-TOURISM PROMOTION. The Municipality shall strengthen and


promote gender-responsive eco-tourism development programs. lt shall promote women's
empowerment by ensuring the participation of women in the development and implementation of
eco-tourism projects by using the Gender-Responsive Value Chain Analysis. Efforts shall be
made to ensure the protection of women, men and children from prostitution and other forms of
exploitation.

SECTION 70. ACCESS TO LAND FOR WOMEN AND WOMEN-HEADED


HOUSEHOLDS. When applicable, idle lands shall be distributed to qualified women and women-
headed households interested and committed to till the land pursuant to limitation set forth in RA
6657, otherwise known as the COMPREHENSIVE AGRARIAN REFORM LAW, and without
prejudice to the authority of the Department of Agrarian Reform (DAR) or by the benefits of section
19 on eminent domain of the Local Government Code.

As provided for under Section 26, Article lll of RA 8371 or the IPRA Law, lP women shall
have equal right and opportunity with their male counterparts provided, to wit "Sec. 26. Women. -
ICC/IP women shall enjoy equal rights and opportunities with men, as regards the social,
economic, political and cultural spheres of life. The participation of indigenous women in the
decision-making process in all levels, as well as in the development of society, shall be given due
respect and recognition.

The State shall provide full access to education, maternal and child care, health and
nutrition, and housing services to indigenous women. Vocational, technical, professional and
other forms of training shall be provided to enable these women to fully participate in all aspects
of social life. As far as possible, the State shall ensure that indigenous women have access to all
services in their own languages."

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ordinancs No. 2023-208-15
CHAPTER VI
POLITICAL AND PUBLIC SPHERE OF ALL SECTORS

SECTION 71. OBSERVANCE OF WOMEN'S MONTH AND WOMEN'S DAY. ThC


declaration of the United Nations of March I as Women's Day and the whole month of March as
Women's Month shall be adopted by the Municipality of Malungon. The municipality shall
encourage all barangays under its jurisdiction to observe the same. There shall be activities set
for women and men to increase their level of awareness and critical consciousness on the role
women in development.

SECTION 72. REPRESENTATION OF WOMEN lN LOCAL SPECIAL BODIES. The


Municipal government shall maintain at least one seat for women representatives in different
special bodies in the Municipal Government. These local special bodies shall include but not be
limited to, Municipal Development Council, Local Health Board, and Local School Board. The
Malungon Council of Women (MCW) shall actively participate in all Local Special Bodies and in
prioritization of projects in Bottom-Up-Budgeting and the like in recognition of women's potentials
in the formulation, planning, implementation, monitoring, and evaluation of local development
programs. This Municipal Women's Federation shall be sustained at the municipal level from
among the barangay organizations existing in the municipality.

SECTION 73. CREATION OF LOCAL COUNCILS OF WOMEN. The Municipal Council of


Women composed of accredited women's organizations shall be organized in the Municipality of
Malungon. These women representatives shall be chosen from among the accredited women's
organizations in the municipality as a concrete manifestation of the place of women in local
governance.

SECTION 74. WOMEN'S FORUM. The Municipality of Malungon through the Municipal
Council of Women shall hold and convene a Municipal Women's Forum at least once a year to
renew women's development in all aspects of community life and make appropriate
recommendations for actions thereon.

SECTION 75. PROMOTING GENDER BALANGE AT ALL LEVELS OF LOCAL


GOVERNMENT POSITIONS. The municipal government shall promote gender balance or an
equal proportion of qualified women AND men for the opportunity to key positions at all levels of
local governance -municipal and barangay, whether elective or appointive. lt shall form part of
the effort to eliminate barriers to women's participation in the public sphere.

SECTION 76. DECLARATION OF NOVEMBER 19 AS MEN'S DAY. AS inaugurated in


1999 in Trinidad and Tobago, lnternational Men's Day is celebrated in over60 countries. This day
shall be adopted by the Municipality of Malungon and be celebrated annually every November
'19. Public information campaigns and open dialogue shall be made to educate the public about
the significance of Men's Day and the importance of fostering healthy gender dynamics present
in the community such as but now limited to VAWC and domestic abuse.

SECTION 77. PARTICIPATION OF LGBT+ tN LOCAL GOVERNANCE. The Municipatity


of Malungon may seek to appoint qualified individuals from the LGBT+ community to serve Local
special Bodies, commissions, and committees for co-creating policies, programs, and events that
address the unique needs and aspirations of the community.

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ordinance No. 2021208-rs
SECTION 78. PARTICIPATION OF DIFFERENTLY-ABLED PERSONS/PERSONS WITH
DISABILITY. To recognize the importance of inclusivity, equal participation, and empowerment
of differently-abled individuals the municipality of Malungon shall wide encourage differently-abled
person to serve on various Local Special Bodies as an accredited organization.

CHAPTER VII
VIOLENCE AGAINST WOMEN AND CHILDREN

SECTION 79. PROTECTION OF WOMEN AND CHILOREN FROM VIOLENCE. The


Municipal Government of Malungon shall ensure that all women and children shall be protected
from all forms of violence and that they shall be accorded the necessary and appropriate programs
and services. ln the effort of the Municipal Government of Malungon to curb and eradicate gender-
based violence in the municipality, the following shall be undertaken and enforced:

1 . Strengthen and ensure the implementation of the Philippine statutes for the protection of
women's rights against violence, and imposing penalties for violation thereof, viz:

a RA 9208 or the Anti-Trafficking in Persons Act of 2003 institutes policies to eliminate


trafficking in persons especially women and children. lt establishes the necessary
institutional mechanisms to protect and support trafficked persons and provides
penalties for its violations.
a RA 9262 or The Anti-Violence Against Women and Their Children Act of 2004
Provides for the protection of women and children against violence by defining
violence and providing penalties including imprisonment and fines.
a RA 8353 or the Anti-Rape Law of 1997 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, Othenrvise Known as the Revised Penal Code,
and for other Purposes.
a RA 9231 - An act providing for the elimination of the worst forms of child labor and
affording stronger protection for the working child, amending for this purpose
Republic Act No. 7610, as amended, otherwise known as the "Special Protection of
Children Against Child Abuse, Exploitation and Discrimination Act";
a RA 7877 or the Anti-Sexual Harassment Act of 1995, address and prevent antagonistic
situations that violate the dignity of employees. lt pertains to single or repeated incidents
of intimidation, humiliation, degradation, bullying, or other undesirable verbal, non-
verbal, or physical conduct toward one percon or a group of people;
a RA 1 0364 The Expanded Anti-Trafficking in Persons Acl ol 2012 entitled An Act to
lnstitute Policies to Eliminate Trafficking Especially Women and Children,
Establishing the Necessary lnstitutional Mechanisms for the Protection and Support
of Trafficked Persons, Providing Penalties for its Violations and for other purposes;
a RA 11313 or an Act Defining Gender-Based Sexual Harassment in Street public
Spaces, online. Workplaces, and Educational or Training, providing protective
Measures and Prescribing Penalties Therefor;
a RA 1091 1 orAn Act Prohibiting Discrimination AgainstAny lndividual in Employment
on Account of Age and Providing Penalties Therefor;

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ordinance No. 202t-208-1S
. RA 1 1596 or An Act Prohibiting the Practice of Child Marriage and lmposing
Penalties for Molations Thereof;
r RA 10627 or "Anti Bullying Act of 2013"
o RA 7610 otherwise known as the Special Protection of Children Against Abuse,
Exploitation, and Discrimination Act;
o RA 8369 or Family Courts Act of 1997;
o Presidential Decree No. 603 or the Child and Youth Welfare Code;
r Act No. 3815 or Revised Penal Code. Various provisions in the Revised Penal Code
address crimes against women and children, such as rape, acts of lasciviousness,
and seduction;

2. Expand programs to educate and involve men on programs or activities that will end gender-
based violence. For this purpose, men's organization shall be organized and institutionalized
in the municipalities. such as'Men Opposing Violence Everywhere or MOVE".
3. Public informatlon on gender-based violence. Strengthen the awareness of women, men,
girls, and boys on gender-based violence by conducting comprehensive and multi-level
information and education campaign. Close coordination and partnership with civil
society organizations shall be undertaken.
4. Creation of Municipal lnter-Agency Committee Against Trafficking in Persons and
Violence Against Women and their Children (MIACAT-VAWC). A Municipal lnter-Agency
Committee Against Trafficking in Persons and Violence Against Women and their
Children shall be created in the municipality pursuant to RA 9208, othen /ise known as
the Anti-Trafficking in Persons Act of 2003.
5. Strengthening of Women's Desk and formulation of a Gender Sensitivity Program. The
Malungon Municipal Police Station shall create a women's desk to handle properly cases
of violence against women pursuant to RA 8551 otheMise known as the New Police Act
of 1998. Also, it shall formulate a Gender Sensitivity Program as part of its annual
programs.
6. Establishment of VAWC Desk in every barangay. Each barangay of Malungon shall
establish VAW Desk to handle cases of violence against women in the barangay as
provided under RA 97'10. The desk shall coordinate with the Women and Children
Protection Center (WCPC).
7. Oversight of Tourism, Travel, and Other Entertainment Activities in the Municipality - The
Municipal Government of Malungon shall delegate its power of oversight over the
aclivities of tourism, travel, and entertainment establishments in the municipality to the
MIACAT such that the Council can effectively monitor these activities and whenever
necessary, upon consultation with the operators of these establishments, formulate
guidelines to prevent trafficking in persons within the municipality upon the approval of
the Local Chief Executive.

SECTION 80. SUPPORT TO SURVIVORS OF VIOLENCE. The Municipality of Malungon


shall provide comprehensive support to women and children survivors, which consists of but is
not limited to the following:

a. lmmediately conduct an investigation within 24 hours;


b. Provide psychological services, legal and medical services, education or livelihood
assistance for the offended party;
c. Gather evidence for the arrest and prosecution of the offenders;

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Ordinance No. 2023-208-is
d. Make a report of his/her investigation and on the basis of the offended party's
testimony and additional evidence, if any, endorse the same to the proper
prosecution office within 36 hours from the time of filing, regardless of his/her
evaluation of the case;
e. The investigation officer or the examining physician, if possible, of the same sex as
the offended party, ensures that only persons expressly authorized by the latter are
allowed inside the room where the investigation or medical or physical examination
is being conducted;
f. Women victims and suryivors of all forms of violence shall be registered in a
community-based psychosocial program that shall assist the women in holistically
rebuilding and empowering themselves;
g. All investigation/court trials involving rape c€lses and otherforms of violence against
women conducted in the Malungon Women and Children Protection Center, PNP
Station, Prosecutor's Office, and the Trial Court shall recognize the survivors'
special social support groups as expressly allowed or requested by the offended
Party;
h. A temporary shelter with appropriate support services for women in crises shall be
appropriately established under the management and supervision of the Municipal
Social Welfare and Development Office;
i. Establish a separate counseling room for women and children;
j. Establish mechanisms to expedite medical examination procedures for rape victims
by establishing a partnership with the district hospital for its medico-legal
accreditation;
k. Establish a private room equipped with needed facilities for medical examination
purposes;
l. Ensure that cases of TIP and VAWC are handled and attended to by women police
officers through the establishment and maintenance of the Women and Children
Protection Desk (WCPD) at the Malungon Municipal Police Station, which shall have
a female police officer as in-charge.

SECTION 81. EDUCATION ON LAWS AND POLICIES ADDRESSING GENDER.


BASED VIOLENCE. - The Municipality of Malungon shall provide information education on laws
and policies addressing gender-based violence, which consists of but is not limited to the
following: conduct of public information on gender-based violence to strengthen the awareness
of men and women, boys and girls on gender-based violence through comprehensive and multi-
level information and education campaigns in close coordination and partnership with the civil
society organizations;

a. expand programs to educate and involve men in gender-based violence;


b. continuously develop the capacity of service providers and front liners in handling
cases of trafficking in persons and violence against women through their aftendance
in haining and other capability development activities;
c. conduct capability development activities for barangay officials and workers on
gender-based violence, especially in handling TIP and VAWC cases on an annual
basis.

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Ordinance No. 2023-208-15
SECTION 82. MUNICIPAL INTER.AGENCY COMMITTEE ON ANTI.TRAFFICKING
AND VIOLENCE AGAINST WOMEN AND CHILDREN. There shall be created a Municipal lnter-
Agency Committee on Anti-Trafficking and Violence Against Women and Children (MIACAT-
VAWC) which shall perform the following tasks:

1. lnstitute policies and programs to protect women and children who are victims
of trafficking and violence;
2. Create and establish systems on surveillance, and investigation, and ensure
effeclive and efficient coordination to rescue identified victims;
3. Undertake information, education and advocacy campaigns against trafficking in
persons and VAWC; and
4. Monitor and oversee the strict implementation of RA 9208, RA 9262, RA7610,
RA8353, and other related laws for the protection of women and children and of
the IACAT and IACVAWC national plans of action:

SECTION 83. CREATION OF ANTI-VAWC SURVEILLANCE UNIT. For the purpose of this
ordinance, an Anti-Abuse VAWC Unit shall be created with the purpose of proactively and
effectively monitoring, investigate, and address incidents of abuse, violence, and exploitation
against all gender and children within the Municipal jurisdiction.

SECTION 84, COMPOSITION OF ANTI.VAWC SURVEILLANCE UNIT.

Chairperson Local Chief Executive


Vice-Chairperson SB Comm. Chairperson in Social Services
Members Municipal Social Welfare Development Officer
Municipal GAD Focal Person
PNP Malungon
Municipal Women and Children Protection Head
LIGA ng mga Barangay President
Municipal Health Officer

SECTION 85. ANTI-VAWC SURVEILLANCE UNIT FUNCTIONS AND RESPONSIBILITIES.


It shall be the responsibility of the anti-abuse surveillance unit to:

1. The Unit shall conduct surveillance and monitoring of areas and establishments with
a high potential for abuse against women and children. This includes public spaces,
educational institutions, workplaces, online platforms, and any other locations
identified as potential risk areas;
2- The unit shall act as monitor in the conduct ofa pageant or beauty contest so that no
indecent, revealing shoot for print ads or video clips and teasers of a beauty pageant
be included.
3- The Unit shall promptly report to the Women and Children Protection Center for proper
case handling through the Multi-Disciplinary Team (MDT) reported cases of abuse
against women and children. lnvestigations shall be conducted with the highest level
of sensitivity and confidentiality, ensuring the rights and dignity of survivors;
4. The Unit shall provide immediate and ongoing support services to survivors of abuse,
including access to safe housing, medical care, legal assistance, and psychological
counseling;

w
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Ordinance No. 2023-208-15
5. The Unit shall work diligently to apprehend and bring perpetrators of abuse to justice,
ensuring that they are held accountable for their actions under the full extent of the
law;
6. The Unit shall engage in community outreach, awareness campaigns, and educational
programs aimed at preventing abuse, promoting gender equality, and fostering a safe
environment for women and children.

SECTION 86. REGULAR INSPECTION AND SPOT II'IONITORING OF ENTERTAINMENT


ESTABLISHMENTS INCLUDING INTERNET CAFE. The Business Permit and Licensing Section
of the Municipality, together with the Malungon PNP personnel, BFP, MSWDO, lT in-charge and
MHO shall conduct a regular inspection of entertainment establishments to ensure that these are
not used as brothels or fronts of prostitution and kafficking., video and pornographic shows, and
live shows featuring lewd acts.

SECTION 87, MONITORING OF AUDIO-VISUAL CHANNELS AGAINST


PORNOGRAPHY. A Municipal Monitoring Board shall be established, which shall monitor print,
broadcast and multimedia, including movie houses, video shops, computer shops, cable
companies, books, or other forms of audio-visual channels or instruments, against pornographic
activities that degrade women and children.

SECTION 88. BEAUTY CONTESTS, FASHION SHOWS, MODELING, CONCERTS, ANO


SIMILAR SHOWS AND COMPETITIONS. Beauty contests, bikini contests, fashion shows,
modeling, concerts, and other similar shows and competitions which tend to exploit, commodiff,
abuse, humiliate and treat women, men, children, and especially the indigenous people as sex
objects are hereby strictly prohibited and declared unlawful in schools, communities, and
barangays in connection with special celebrations or any affair for that matter.

SECTION 89. INFORMED CONSENT IN BEAUTY CONTESTS AND OTHER SHOWS. AII
participants must provide informed and voluntary consent to join the pageant or other similar
shows, fully understanding the requirements, expectations, and potential impacts of their
participation.

SECTION 90. WARDROBE AND ATTIRE lN BEAUW CONTESTS. Organizers shall


ensure that wardrobe and attire requirements are respectful of participants' dignity and cultural
diversity, avoiding costumes that promote objectification, stereotyping, or cultural
misappropriation. lf included, the swimsuit portion shall be regulated, and alternative segments
that promote participants' confidence, athleticism, or personal achievements shall be encouraged.

SECTION 91. PHOTOSHOOTS AND VIDEO CLIPS. Pictorials for print ads and photo shoot
for video clips and teasers for beauty pageant which features women of Malungon and lady-
contestants shall at all times be undertaken with sensitivity, featuring women in a positive view
and shall not negate, diminish or tend to commodify and feature women as object or commodity,
wearing revealing and/or could be viewed as indecent wear, projecting women as sex objects
through their aftire or be made to pose in flirtatious and sexually inviting poses.

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CHAPTER VIII
WOMEN AND MIGRATION

SECTION 92. WOMEN MIGRANT WORKERS. Pursuant to RA 8042 or the Migrant


Workers and Overseas Filipinos Act of 't995, and in line with the objective of providing security to
migrant workers, especially to women as they constitute the more vulnerable sector among
Filipino workers (OFWs), and in consideration of the social costs that migration entails, the
following shall be undertaken by the municipal government unit through the Public Employment
Services Offlce (PESO), Public OFW Desk Officer (PODO) and others.

1. Maintenance of data base system on migrants. The PESO shall maintain a data
base on departing, deployed and returning migrants, the type of employment, and
placement areas/countries which shall be incorporated in the GAD Data Base under
the MPDO.
2. Tracking System of the legitimacy of recruitment agency/employment. The PESO
shall endeavor to develop a tracking and verification system of the veracity and
legitimacy of employment and recruitment agencies, whether they are accredited by
the Department of Labor and Employment (DOLE) through the Department of
Migrant Workers. ln so doing, the following shall be undertaken:

a. Coordination with the Provincial Employment Assistance Office, Department


of Migrant Workers, and OWWA must be established as a means to protect
the Malungon workers against illegal recruitment, abuse and violence.
b. All barangays shall submit data on domestic and international Filipino
workers in their barangays, including their place of destination and
employmenUrecruitment agency. This shall be submitted on a bi-annual
basis to PESO.

3. Pre-Employment Orientation Seminar (PEOS). The PESO shall conduct PEOS to


prospective workers, especially overseas workers and their families about the
realities of overseas labor and employment conditions. Services of the Department
of Migrant Workers and migrant NGOs may be tapped for this purpose.
4. Financial Literacy Program. The PESO shall conduct Financial Literacy Program or
Personal Finance Seminar for OFWs and their families to educate them on how to
manage their personal finances.

SECTION 93. REINTEGRATION PROGRAM. To ensure that migration becomes an option


rather than a necessity, overseas workers, including displaced and returning OFWs and their
families, the Municipality of Malungon shall assist them thru a reintegration program through:

a. lmproving prospects for alternative employment and investments. The


municipal government, in coordination and partnership with other agencies
and institutions, shall endeavor to improve prospects for alternative
employment and investments, such as community-based industries, for
returning migrants, future returnees, and their families as an option for
migration.

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ordinance No. 202&20&15
b. Tapping migrant savings for the setting of microenterprises. The municipal
government shall design a special program to encourage OFWs to invest
their savings in microenterprises.
c. Capacity enhancement program for returning migrants. lt shall design a
capacity enhancement program, specifically skills enhancement, for
returning migrants to facilitate their return to the mainstream of the local
community. Further, it is a reality that overseas Filipino women workers,
especially those in domestic work, do not have the chance to upgrade their
skills hence providing them with capacity enhancement activities would
encourage them to engage in and invest in alternative enterprises or further
studies through Alternative Learning System or other alternative delivery
mode.
d. Exemption in the payment of fees. Providing exemption in the payment of
fees in securing Business Permits and Mayor's Permit to Operate to facilitate
their reintegration in the community and at the same time encourage local
investment.
e. Organizing left-out families. To ensure that migration is only temporary and
to help the constituents of Malungon working abroad to be able to return and
settle until such time that they have saved enough money for the family, a
program for the left-out families, especially for the children and spouses of
the OFWs must be put in place.
f. Values formation. The Sangguniang Kabataan shall organize values
formation seminars for migrant children to espouse and understand the
values of discipline and saving money. They shall be educated on the
realities of migration for them to be able to appreciate the hard work and
sacrifices of their parents abroad.

5. lmplementation of RA 8042 specifically the illegal recruitment provisions. Strict


implementation of RA 8042 otheMise known as the Migrant Workers and Overseas
Filipino Act of 1995 as amended by RA '10022, particularly, the provisions on lllegal
Recruitment must be ensured.
6. Shict implementation of RA 8042 othemise known as the Migrant Workers and
Overseas Filipino Act of 1995 as amended by RA 10022.

CHAPTER IX
GENDER SENSITIVE GENDER AND CULTURE

SECTION 94. PROMOTION OF CULTURE. All Local Government of Malungon shall


develop and promote local culture, arts, crafts, and artisans, and likewise develop, preserve, and
promote the positive local practices, traditions, and arts of the communities, inclusive of the
indigenous peoples of the Tagakaulo and Blaan.

sEcrloN 95. lP wo[rEN EDUCATION. lndigenous women shall be allowed enrolment in


schools and colleges and enjoy employment opportunities as provided for in RA 9371, without
prejudice to their birth, age, sex, gender, language, ethnicity, marital status, religion, ideology,
and disability

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ordinance No. 2023-208-15
SECTION 96. SPORTS DEVELOPMENT ACTIVITIES. The Municipality of Malungon shall
promote sports and physical development programs among women and men of all ages, lt must be
gender sensitive and non-discriminatory to both women and men. Sport development activities shall
promote culture-based and must start from the grassroots to include traditional indigenous sports.

CHAPTER X
GENDER RESPONSIVE GOVERNANCE

SECTION 97. ADOPTION OF GENDER MAINSTREAMING STRATEGY. The Municipal


Government of Malungon shall adopt gender mainstreaming as a strategy towards the promotion
of gender-responsive governance wherein gender equality goals are integrated into the
development plans, programs, and services of the municipal government and in the planning and
budgeting cycle including, but not limited to the following:

1 . Comprehensive Development Plan


2. Comprehensive Land Use Plan
3. Local Youth Development Plan
4. Comprehensive Juvenile lntervention Program Plan
5. Social Protection Development Report
6. SPDR-Social Protection Plan
7. Local Disaster Risk Reduction and Management Plan
8. Contingency Plan for Flood
9. Contingency Plan for Landslide
10. Contingency Plan for Earthquake
1 't . Contingency Plan for Health Emergency
12. Public Service Continuity Plan
13. Camp Coordination and Camp Management Plan
14. Enhanced Local Climate Change Action Plan
15. Comprehensive Emergency Plan for Children
16. Local investment and lncentive Code
17. Municipal Council for the Protection of Children Plan
18. Annual Work and Financial Plan-LCAT VAWC
19. Local Economic Development Enterprise
20. I CAN Action Plan
21 . Local Shelter Plan
22. GAD Plan and Budget
23. Local Development lnvestment Program
24. Annual lnvestment Plan
25. Executive and Legislative Agenda
26. Sustainable Agriculture and Fishery Program
27. Solid Waste Management Plan
28. Disaster Risk Management and Preparedness Plan
29. Local Climate Change Adaptation Plan (a-i IRR)
30" Municipal Tourism Plan

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0rdinance No. 208-208-'t5
SECTION 98. GENDER.RESPONSIVE AND ENVIRONMENT-FRIENDLYZONING PLAN.
A Gender-Responsive and Environment-Friendly Zoning Plan for the Municipality of Malungon
shall be developed taking into consideration, among others, the following:

(a) Consult women and men and involve them in the community planning and
development, especially in matters pertaining to land use, risk mapping,
zoning and relocation.

(b) Relocation sites must have all the basic necessities, provision of alternative
livelihood and access to market and control of resources for displaced
women and men and their families.

SECTION 99. GENDER RESPONSIVE NATURAL RESOURCE MANAGEMENT. The


Municipality of Malungon shall spearhead and inspire the communi$'s active participations in all
community-based health and environmental and all plans and programs of the government, such
as family planning program, proper waste management, Zero Open Defecation (ZOD),
preservation of the forest resources, reforestation and others.

SECTION {00. GENDER SENSITIVE HUMAN RESOURCE. The municipal government


through the Human Resource and Management Office shall ensure and undertake programs,
projects, and services towards developing gender-sensitive human resource and providing
gender-sensitive services which include but are not limited to:

a. Gender and development perspective is reflected in the performance targets and key
result areas and career and personnel development plan of the municipal government.
b. Continued capability-building programs for employees and officials, particularly the local
finance committee and municipal planning and development office personnel, towards
gender-responsive and gender-sensitive PPAs in the Annual GAD Plan and Budget.

c. The Human Resource Management and Development Office (HRMDO) shall conduct
Annual Sensitivity Training and Orientation and Reorientation on the statutes for municipal
government employees and officials, and shall form part of the regular in-house training
of the municipal government to ensure that gender-sensitive services will be extended
effectively to the populace.
d. Benefits granted to government employees are enjoyed equally by men and women,
incentives, leaves, flexible work schedules, and others.
e. Annual physical and medical examination for municipal government employees and
officials.

SECTION ,I01, ADOPTION OF GENDER.NEUTRAL OR GENDER FAIR LANGUAGE.


The municipal government of Malungon shall adopt the use of gender-neutral gender fair
language in all its official documents, communications and issuances. This shall cover all
government agencies and units, local and national, state universities and colleges and
government-owned and controlled corporations within the territorial jurisdiction of the municipality
pursuant to CSC Memorandum Circular No. 12-S. 2005.

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Ordinance No. 202&208-1 5
SECTION 102. CHILD CARE FACILITIES. The municipal government shall establish and
maintain a child care facility for the children of its employees. This could help the employees to
focus on their work resulting to an improved work performance. ln consideration of the financial
limitation of the municipal government, the parent-employees shall be responsible forthe payment
of the worker's salary to ensure its continued operation. The maintenance and operating
expenses of the facility, including electricig, water, furniture and fixture shall be borne by the
municipal government.

SECTION 103. MAINTENANCE OF GAD DATABASE SYSTEM. There shall be a GAD


Data base system in the municipality aligned with the databank requirements of the Magna Carta
of Women The municipal and barangay governments shall maintain the GAD Database System
(GDS) and update the same on an annual basis. This shall be strictly implemented as it will aid
the identification, design, planning, and implementation of gender-responsive policies, programs,
projects, and activities in the municipality. Likewise, this shall be used to monitor compliance and
progress in the situation of women at all levels. The Municipal Planning and Development Office,
Municipal lnformation Office, and the Gender and Development Focal Point System shall take
charge of maintenance of the system.

SECTION 104. DEVELOPMENT OF SOCIAL MARKETING PLANS AND MATERIALS.


The municipal government shall continually develop social marketing plans and advocacy
materials on gender and development concerns and issues.

SECTION 105. DOCUMENTATION OF GAD ACTIVITIES. ln line of further enhancing


and strengthening the efforts on promoting GAD and mainstreaming gender in the municipality
and to the monitor progress of implementation, all concerned shall ensure that activities, best
practices and lessons learned related to GAD promotion are well-documented. There shall be a
reporting template for the purpose.

SECTION 106. GAD INFORMATION CENTER. The municipalgovernment shall establish


a GAD lnformation Center wherein information and updates related to gender and development,
gender issues, and LGU-initiated activities on GAD can be accessed and obtained by the
constituency.

SECTION 107. ANNUAL GENDER AND DEVELOPMENT PLAN AND BUDGET (GPB).
An Annual Gender and Development Plan and Budget must be prepared and submitted with a
corresponding budget within the GAD Budget Calendar. The purpose of GPB is to outline and
allocate funding for specific actions, strategies, and initiatives that addresses gender disparities,
promote women's rights, and integrate gender perspectives into various programs and policies of
the municipal government. lt ensures that the rights and needs of all individuals, regardless of
their gender, are considered and met.

SECTION '108. cAD ACCOMPLISHMENT REPORT (cAD AR). Ail GAD ppAs
implementer of the MLGU, as well as the barangays shall submit GAD Accomplishment. The
preparation of Annual GAD Accomplishment Report of each preceding year shall be made not
later than February of the operating year. The same shall be submitted to the PPDO for review
and DILG for its endorsement. The local chief executive shall ensure the inclusion of all GAD
PPAs in the annual accomplishment report of the municipality.

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Ordinance ilo. 2023-208-1s
SECTION ,I09. CREATION OF COMMITTEE OT.I DECORUM AND INVESTIGATION
(CODI). A CODI shall be set up in all local offices, agencies, establishments or companies, public
and private, to act on complaints related to violence against person pursuant to RA 7877 or the
Act Declaring Sexual Harassment Unlawful in the Employment, Education, or Training.

SECTION 110. ORGANIZATION OF BARANGAY GENDER AND DEVELOPMENT


FOCAL POINT SYSTEM (BGFPS). All barangays in the municipality are mandated to organize
their respective Gender and Development Focal Point System to ensure implementation of GAD
programs and projects. The BGFPS shall have the same functions and responsibilities with that
of the MG-ADC pursuant to Joint Memorandum Circular 2013-01 as amended by JMC 2016-01 .

SECTION 111, CREATION OF MUNICIPAL GENDER AND DEVELOPMENT


OFFICE/UNIT. A Municipal Gender and Development Office/Unit shall be created under the
Office of the Mayor. lts functions and responsibilities shall include but not limited to coordinating,
planning, implementing, monitoring and evaluating GAD PPAs in the municipality. Further, it shall
be the technical arm of the municipal government on matters pertaining to gender and
development necessary for designing GAD related programs, projects and policy development
that will focus on women and gender and development specific programs, projects activities, and
services. The GAD office shall also be the secretariat of the municipal GFPS and shall provide
technical support, documentation of the proceedings, database generation and preparation of
reports and such other assistance as may be required in the discharge of its functions.

CHAPTER XI
GENDER RESPONSIVE SUPPORT SERVICES & FACILITIES

SECTION 1'12. SUPPORT PROGRAMS TO VICTIMS OF ABUSE AND VIOLENCE. There


shall be programs and support. The Women and Children Protection Center (WCPC) of the
Municipality of Malungon shall provide immediate support services to women and children who
are victims of abuse and violence in order to facilitate their healing, recovery, and social
reintegration. Support services shall include but not limited to legal, medical and psychosocial
interventions and services.

SECTION 113. SUPPORT TO ADOLESCENTS. Adolescent Friendly Health Facilities shall


provide responsive Sexual Reproductive Health (SRH) services to adolescents and young people
in the municipality which is governed by the following directives under the Republic Act 10354
(also known as the Responsible Parenthood and Reproductive Health Ad of 2012).

SECTION 114. E-LIBRARY AND TEEN CENTER. An E-Library serves as an lT Hub of the
municipal government that provides free internet access and other technologies to the students,
professionals and employees for their research works, learning development and capacity
enhancement. The Teen Center is a venue within the municipal compound for the youth to access
services and information on their various concerns. lt provides support to the healthy development
of adolescents by offering a place where they can learn, grow, and socialize in a structured and
positive manner.

sEcrloN 115. MALUNGoN YourH AND spoRTs HALL. The estabtishment and
operationalization of the Municipal Sports and youth Hall was made possible because of the

Y Page 50 of 76
Ordinanco No. 2023-20&15
numerous Malungon youth and student athletes with great potentials who continue to excel in
various sports and athletic events in the provincial, regional and national level. This is also an
avenue for the people with fitness goals and for the youth, and activities, fitness program, and for
trainings and seminar-workshops.

SECTION 116. BALAY SILANGAN. The Balay Silangan of Malungon provides inteNention
for reformation and rehabilitation programs for small-time drug offenders who are neither users
nor dependents that aims to transform and change the paradigm on how to address small-time
drug offenders. lt considers that its intended clients, small-time drug offenders, are compelled to
engage in the illegal drug trade due to lack of legitimate means of livelihood and lack of proper
guidance.

SECTION 117. BAHAY KALINGA. Bahay Kalinga is a community rehabilitation center for
children with special needs which undergo a monthly physical therapy conducted by the Grupo
Uban sa mga Ginikakanan andam Muatiman sa mga Anak espesyal (GUGMA), lnc. volunteers;
mothers and caregivers were also taught and learned the method of physical therapy so that they
could continue the therapy session and in their own homes as daily activity to help the children
with special needs prolonged their life and can little by liftle manage to do simple things for
themselves. Parents were also taught on how to take care of the children, proper food preparation,
feeding, sanitation, hygiene and gardening.

SECTION 118. MUNICIPAL ALS TRAINING AND LIVELIHOOD CENTER. A facility


established by the municipality to provide training and livelihood opportunities for ALS goers and
learners. The out-of-school youth and adult learners and enrollees are given a parallel learning
system to that of formal education instruction. This will lead to the opportunity to join the world of
work through employment after having gained life skills or through self-employment or go back to
formal schooling by passing the Accreditation and Equivalency (A&E) Examination. The Municipal
ALS Training and Livelihood Center. The ALS Training Center offers access to alternative learning
through various delivery modes that fits the learner's distinct situations and needs; more
importantly, offers life skills training for livelihood opportunities.

SECTION l'19. HALF-WAY HOME. Also known as transient homes are transitional living
facilities that serve as residential facilities that provide a supportive and structured living
environment for individuals who are transitioning from an institution, such as a prison, hospital, or
substance abuse treatment center, back into society. These homes offer a stepping stone for
people who need assistance reintegrating into the community after a period of institutionalization
or treatment.

All barangays have a Barangay Kubo or half-way home located in the Sunken
Ground within the municipal compound. These Kubo's served as half-way homes for
pregnant women who are nearing their due date of bi(h delivery, especially those coming
from far-flung communities. Through the half-way homes, pregnant women are given
temporary accommodation near the health facilities such as the Provincial Hospital-
Malungon and the Municipal Birthing Home and ensure safe delivery.

SECTION 120. lP BUILDING/CENTER. is a facility or institution established by the


municipal government within the municipal compound to serve and support the needs of the
lndigenous Peoples (lP) in the municipality. This center aims to preserve, promote, and celebrate

r
the cultural heritage, traditions, and rights of the Blaan and Tagakaulo tribal communities. lt plays

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ordinance No. 2023-20&1S
a pivotal role in acknowledging the unique cultural identity and contributions of lndigenous
Peoples while fostering inclusivity and understanding within the community.

The lP Center has the following objectives:


- cultural preservation
- education and awareness
- socio-economic support
- advocacy and representation
- traditional governance and decision-making
- conflict resolution
- partnerships and collaboration

sEcTtoN 12'1. woMEN AND CHILDREN PROTECTION CENTER (WCPC). The


municipality established an LGU WCPC instead of the usual municipal women's and children's
complaints desk. lt provides a multi-disciplinary services approach to addressing cases of
violence against women and children. The WCPC operates as a convenient one-stop-shop,
providing a child-friendly environment that ensures comprehensive psycho-social welfare
interventions for women and children who have fallen victim to various forms of abuse and
violence. A center that is dedicated to delivering holistic care and support. With a compassionate
and trained multi-disciplinary team, including a Physician, Law Enforcement Officer, and a
Registered Social Worker who work collaboratively to address the unique needs of each
individual, ensuring their physical, emotional, and psychological well-being.

The Malungon Women and Children Protection Center (WCPC) is committed to


the following objectives :

a. Holistic Development:10 nurture the complete and optimal growth of women and
children that is dedicated to fostering their physical, social, emotional, cognitive, and
spiritual well-being.
b. Upholding Rrghts: Steadfast in upholding the rights of women and children
throughout every stage of the assistance process. lt is committed to ensure that the
rights of victims are respected and protected.
c. lnclusive Participation: lt actively engages women and children in every process
by valuing their participation, empower victims to contribute meaningfully to their
own well-being and development.
d. Gender-Sensitive Support: The center provides responsive and gender-sensitive
services to women and children who have experienced abuse. Ensures a safe and
supportive environment that addresses their unique needs.
e. Comprehensive Refernl Netwo*: The Center shall establish a comprehensive
referral system that connects abused women and children with a wide range of
specialized services. This network ensures that they will receive the tailored
protection and care they require.

SECTION 122. CAPACITY DEVELOPMENT AND INTERVENTION SERVICES

r
SUPPORTING NUTRlrloN PROGRAM (BNs) orHER RELATED sERVtcES. presidentiat

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Ordinance No. 2023-20&1S
Decree 1569 known as Strengthening the Barangay Nutrition Program by providing for a
Barangay Nutrition Scholar in every barangay, providing funds thereof and other purposes. The
law seeks to provide additional human resources for the implementation of programs, projects
and activities aimed at addressing malnutrition by requiring at least one Barangay Nutrition
Scholar per barangay. lt also aims to increase the involvement and participation of the people
of the grassroots level.

There are Barangay Nutrition Scholar deployed in all barangays who are responsible
to conduct nutrition surveillance, Operation Time base (OPT) plus to all 0-59 months
preschool children, submit the same to nutrition office, monthly follow weighing and height
taking was regularly conducted to monitor the nutritional status of the Pre-School Children
especially these at risk. The BNS also assists in the implementation of various health
services in the barangay and coordinates with various stakeholders/partners and agencies
in implementing PPA's.

SECTION 123. SUPPLEMENTAL FEEDING. This program aims to address malnutrition


and to strengthen the First 1000 Days of Life to ensure optimum development of preschool
children. Barangay Nutrition Scholars in all barangays of the municipality regularly conduct the
Operation Timbang Plus to all preschool children ages 0-59 months in order to identify their
nutritional status.

SECTION 124. NUTRITION INFORMATION AND COMMUNITY EDUCATION. Nutrition


lnformation and Community Education is one way to advocate proper health and nutrition to
parents, pregnanUlactating women and teenage mothers. This activity also strengthens the
promotion of the importance of being healthy and fit through the consumption of proper and
nutritious foods, balanced diet and proper exercise. Food production and poultry raising in the
backyard is encouraged in every household as a source and provides access to healthy foods
for every family to prevent malnutrition especially to young children which are very vulnerable of
becoming wasted and stunted.

SECTION 125. ONE MALUNGON SUBIDA FM AND CELL OPERATED COMMUNITY


RAOIO STATION. Provides learning instructions on air waves in order to reach out to all learners
who are lagging behind in terms of technology addressing the no face to face transition and to
the new normal in education sector, given that Malungon has unstable internet connectivity.

SECTION 126. MUNICIPAL CHILDREN'S PLAYGROUND. The Children's playgrounds


provide a safe environment designed specifically to foster and enhance the opportunities for
children to develop through play alone, with a caregiver, or with other children. Playground
equipment and space can meet the needs of children 0-5 by providing different opportunities to
engage in appropriate developmental play.

SECTION 127. CRISIS INTERVENTION CENTER. A Crisis lntervention Center shall be


established and maintained to serve as a temporary shelter with appropriate support services

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Ordinance No. 2023-208-15
for women and children in crisis under the management and supervision of the Municipal Social
Welfare and Development Office.

SECTION 128. PRIVILEGES OF SOLO PARENTS. The municipal government shall


ensure that solo parents are not deprived of enjoying their privileges. Thus, the municipal
government unit shall provide the following services:

a. Comprehensive Package of Social Development and Welfare Services such


as the following services:
r Livelihood developmentservices;
r Counseling services;
r Parent effectiveness services;
r Critical incident stress debriefing;
r Special projects for individuals in need of protection

b. Flexible Work Schedule;


c. Work Discrimination - no employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of
his or her status;
d. 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

SECTION 129. SOLO PARENT IDENTIFICATION CARD. Pursuant to RA 8972, all Solo
Parents shall register with the Municipal Social Welfare and Development for the issuance of
Solo Parent identification card which will be needed in the availment of privileges.

SECTION '130. CHILDREN SUPPORT SERVICES. ln recognition of the special care


and protection that people under 18 years old need, and in accordance with the Convention
on the Rights of the Child, the following measures shall be undertaken in the municipality:

1. Health and Medical Care. The municipal government units shall provide the best
possible health and medical care to children in order to reduce and eliminate cases
of infant and child mortality in the municipality.
2. Early childhood care and development prognms and sewices. The municipal
government through the MSWDO shall formulate and implement ECCD programs
and services to expand access of children to day care or preschool services.
3. School-based health and nutrition program. All schools in the municipality shall
be encouraged to formulate and implement school-based health and nutrition
programs, in coordination with the Municipal Nutrition Action Office and Municipal
Health Office.
4. child labor regulations. Ensure that child labor regulations are not violated,
including the minimum age at which children may wori, and the number of hours
children can work, and other work conditions.
5. strengthen the lnformation Education campaign on subsfance us e and abuse.
The LGU shallensure the inclusion of lEC, rehabilitation, and reintegration programs
for ln-school and Out-of-school Children.

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Ordinanc€ No. 202&208-ts
6. Campaign to protect children against abuse. Raise public awareness on the
protection of children against sexual, mental, physical, psychological, emotional and
all types of abuse and exploitation.
7. lmplementation of RA 7610 otherutise known as the Special Protection of
Children Against Abuse, Exploitation and Discrimination Act.

SECTION 131. LOCAL GOVERNMENT ASSISTANCE AND SUPPORT SERVICES


FOR WOMEN AND CHILDREN lN CONFLICT AREAS. The Municipality thru the GFPS and in
coordination with its line and partner agencies such as the Municipal Social Welfare and
Development Office and Municipal Health Office including other agencies of the government,
people's organizations, or non-government organizations and private sector shall require the
provision of the following assistance and support services. The Municipality will observe and
implement lnternational Standards, which include but are not limited to, the Minimum lnitial
Service Package for Reproductive Health in humanitarian actions. Humanitarian actions refer to
the Assistance, protection, and advocacy actions undertaken on an impartial basis in response to
human needs resulting from complex political emergencies and natural hazards.

a. Support to persons in Armed Conflict Situation;


b. Ensure inclusion of women's participation in peace councils and inclusion of
women's issues and concerns in the peace agenda as well as the institutionalization
of community-based conflict resolution.

SECTION 132. ESTABLISHMENT OF A BARANGAY VIOLENCE AGAINST WOMEN


AND CHILDREN (VAWC) DESK. The Municipality of Malungon and Barangay Local
Government Units in coordination with concerned agencies shall provide financial and technical
assistance to ensure the functionality of a VAWC Desk in every barangay in the Municipality of
Malungon. The Punong Barangay shall designate a VAWC Desk Officer who is trained on
gender-sensitive handling of cases, preferably a woman barangay kagawad or a woman
barangay tanod.

SECTION I33. REGULAR INSPECTION OF ENTERTAINMENT ESTABLISHMENTS


INCLUDING INTERNET CAFE. The Municipal Health Office, Municipal Permit and Licensing
Unit, the Bureau of Fire Protection, and an lnformation Technology expert and Municipal
Engineering Office.

SECTION 134. INFORMATION EDUCATION COMMUN|CAT|ON. Sociat media, TV,


radio, and print media shall be mobilized in GAD campaigns and advocacy. The Municipality of
Malungon shall also lead in the conduct and observance of GAD-related events such as, but not
limited to the following:

a. Observance of Women's Month and Women's Day. ln consonance with the


United Nations' Declaration, the month of March shall be observed as Women,s
Month and March 8 as Women's Day that will culminate with the Report on
Women's situation in Malungon.
b. Health and Sanitation Summit. The Municipality of Malungon shall conduct an
annual Health and Sanitation Summit in order to assess and campaign for the
protection and promotion of women's and children's health.

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Ordinance No. 2023-208-1S
c. Farmer'S Day shall be observed in the municipalig as provided for under
Ordinance No. {2-2014-060.
d. '18-Day Campaign to End VAW. The municipality shall cause the observance
andior preparation of activity or series of activities as provided for under RA
'10398. 18-day Campaign to End Violence Against Women (End VAW
Campaign). Aligned with the PCW Annual 18-day campaign to End Violence
Against Women, the municipality joins the nation in its 18-day End VAW
campaign in collaboration with lnter-Agency council on Violence Against Women
and Children in consonance with RA '1066, the municipality shall observe
annually the National Children's Month every November together with CWC,
DSWD
e. LINGAP sa Barangay or the Enhanced Lingap sa Barangay is a Local lngenuity
in Alleviating Poverty in the Barangay is a local initiative of LGU Malungon that
gives free services to the people with its mission of bringing a total of 23
government services to remote areas in the Municipality of Malungon under
Ordinance No. 2020- 140-14.
f. Tribal Day Celebration is observed in the municipality every November 18
every year as provided for under Municipal Resolution No. 10-2008-08'1.
g. Municipal Children's Month Celebration. ln consonance with RA 10661, the
Municipality shall observe the National Children Month every November. The
month-long celebration aims to provide children access to a healthy
environment, good education and health care by investing in children.
h. Nutrition llllonth Celebration. Aligned with the national observance of Nutrition
Month every July of every year per Presidential Decree # 491 Section 4 of the
Nutrition Act of the Philippines, the municipality shall celebrate the Nutrition
Month.
i. Senior Citizen's Week Celebration. The municipalig shall observe and/or
preparation of activity or series of activities as provided for under R.A.9994 or
the Expanded Senior Citizens Act every 1"t week of October.
j. National Disability Prevention and Rehabilitation Week Celebration. The
municipalig shall observe and/or celebrate the National Disability Prevention
and Rehabilitation Week 3d week of July R.A. 92142.
k. Philippine Civil Service Anniversary Celebration - the municipality joins the
nation in the yearly celebration of the Philippine Civil Service every month of
September.
l. Municipal Arbor Day - the municipality joins the nation in the yearly celebration
of Arbor Day every month of June Municipal Ordinance No.2020-130-'14
-
m. Teacher's Day ln celebration of the World Teacher's Day every Sth day of
October; The municipality shall observe and/or celebrate the National Teacher's
Day annually.
n. Lingap Sa Barangay - a regular program bringing services closer to the people
in the barangays and sitios, an acronym for Local lngenuity in Alleviating Poverty
in the Barangay.
o. Dayeg sa PagSUBIDA sa Barangay. The Gawad Parangal for Barangays
which recognizes the exemplary performance of workers on the ground or
barangay front liners and the outstanding and innovative performance of
barangay governance and its different councils exhibiting best practices. lt is
given to encouraged and challenged the barangays to scaled up its performance

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ordinance No. 2023-208-15


and prac,tices of good governance, held every July with in the Foundation
Anniversary Activities.

CHAPTER XII

INSTITUTIONAL MECHANISM FOR GAD IMPLEMENTATION

SECTION 135. STRENGTHENING OF THE GAD FOCAL POINTS SYSTEM. The


Municipality of Malungon shall strengthen its Gender and Development Focal Point System
(GFPS) formerly known as the GAD Council to ensure the implementation of this Code in
accordance with the Magna Carta of Women. Continuous improvement through training and
orientation/reorientation of GAD concepts, Laws and issuances shall be given to the GFPS and
its Technical Working Group.

SECTION 136. CREATION OF THE MUNICIPAL GENDER AND DEVELOPMENT FOCAL


POINT SYSTEM AND ITS GOMPOSITION. The Local Chief Executive shall issue an Executive
Order to lnstitutionalize the establishment, reconstitution, andior strengthening of the Gender and
Development Focal Point System in the Municipality of Malungon.

There shall be created the following bodies under the Municipal Gender and Development
Focal Point System with the following composition: GFPS - Executive Committee, Technical
Working Group, and Secretariat.

1. The Executive Committee and Technical Working Group shall be comprised as duly
specified in the Executive Order issued by the Local Chief Executive;
2. The GFPS TWG Chair shall be elected from among the GFPS TWG members, an
employee of the Local Government Unit of Malungon, and which shall have a
permanent status. The designation of the GFPS TWG Chair shall be made official
through the issuance of an Executive Order duly signed by the Local Chief
Executive.
3. The GFPS TWG Chair may designate a Secretariat to assist the TWG in its
functions.

SECTION 137. GFPS FUNCTIONS. The Municipal Gender and Development Focal Point
System shall:

a. Lead in mainstreaming GAD perspectives in policies, plans and programs.


b. Assist in the formulation of new policies in advancing women's
empowerment and gender equality.
c. Lead in setting up appropriate systems and mechanisms to ensure the
generation, processing, review, and updating of sex-disaggregated data for
GAD Database to serve as basis in performance-based and gender-
responsive planning and budgeting.
d. Coordinate efforts of different departments/offices/units of the LGU and
advocate for the integration of GAD perspectives in their systems and
processes.

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ordinance No. 2023-208-1 5


e. Spearhead the preparation ofthe annual and performance-based GAD plans
and Budget (GPB); in response to the gender issues and concerns of the
locality and in the context of the LGU mandate. GFPS shall likewise be
responsible for submitting the consolidated GPBs of the LGU.
f. Lead in monitoring the effective implementation of the annual GPB, GAD
code and other GAD-related policies and plans.
g. Lead the preparation of the annual GAD Accomplishment Report (GAD AR);
and other GAD reports that maybe require under the MCW or other related
issuances.
h. Strengthen linkages with other Local Government Units, concerned agencies
or organization working on women's rights and gender and development to
harmonize and synchronize GAD efforts at various levels of local
governance.
i. Promote and actively pursue the participation of women and gender
advocates, CSOs, Private organizations, marginalized sectors in various
stages of development planning cycle.
i. Ensure that all municipal personnel (accounting, planning, auditors and
budget officers) are capacitated on GAD; and
k. Recommend and plan an appropriate capacity development program on
GAD for every employee under its regular HRD program.

1. GFPS Executive Committee:

a. Provide policy advice to the Local Chief Executive to support and strengthen
the GFPS gender mainstreaming efforts;
b. 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 gender issues faced by the LGU's
constituents and employees;
c. Ensure the timely submission of the LGU GPB, GAD AR, and GAD-related
report to the concerned PPDO and DILG;
d. Ensure the effective and efficient implementation of the GAD PPAs and the
judicious utilization of the GAD Budget;
e. Build and strengthen the partnership of the LGU with the concerned
stakeholders in the pursuit of gender mainstreaming; and
f. Recommend awards and/or incentives to recognize outstanding GAD PPAs
or individuals who made exemplary contributions to GAD.

2. GFPS Technical Working Group:

a. Facilitate the gender mainstreaming efforts of the LGU through the GAD
planning and budgeting process;
b. Formulate the LGU GPB in response to the gender gaps and issues faced
by their constituents including the women and men employees;
c. Assist in the capacity development of and provide technical assistance to the
HRMO on the development and implementation in the capacity development
program on GAD for employees;

Page 58 of 76
ordinance No. 202&20&15
d. Coordinate with the various units/offices of the LGU and ensure their
meaningful participation in strategic and annual planning exercises on GAD
including the preparation, consolidation and submission of GPBs;
e. Lead the conduct of advocacies, activities and the development of IEC
materials to ensure critical support of local elected offlcials, department
heads and staff, and relevant stakeholders to the GFPS and gender
mainstreaming;
f. Monitor the implementation of GAD-related PPAs and recommend corrective
measures to improve their implementation;
g. Prepare and consolidate LGU GAD ARs and other GAD-related reports; and
h. Provide regular updates and recommendations to the LCE or GFPS Execom
regarding GFPS activities and the progress of the LGU in gender
mainstreaming based on the feedback and reports of the concerned LGU
offices/u n its/stakeholders.

3. GFPS Secretariat:

The designated Secretariat shall assist the TWG and the GFPS in its functions. lt shall
provide technical support, documentation of proceedings; database generation and
preparation of reports, and such other assistance as may be required in the discharge of its
functions.

SECTION 138. COMPOSITION AND RESPONSIBILITIES. There shall be created a


Gender Responsive Monitoring and Evaluation Commiftee (GR-M and E Committee) which shall:

a. Monitor and evaluate GAD fund allocation and utilization;


b. Enforcement of GAD Code;
c. lmplementation of GAD PPAs;
d. The Committee shall prepare a quarterly status report and recommendation to
the EXECOM.

The committee shall be composed of the following:

Chair Municipal Planning and Development Coordinator


Members President, Malungon Council of Women
Municipal Local Government Operations Officer
Municipal Agriculturist
Municipal Social Welfare and Development Officer or Rep.
Municipal Health Officer or Representative
lndigenous Peoples Mandatory Representative
GFPS-TWG Chair
Representative of Children's Organization

SECTION 139. MONITORING SYSTEM FOR LABOR STANDARDS AND RELATIONS.


The Gender Responsive Monitoring and Evaluation Committee shall install a system to monitor
offices, agencies, institutions, establishments or companies violating genderrelated labor laws,
rules and regulations and the same shall be reported to proper authorities for appropriate action.

Page 59 of 76

ordinance No. 2023-208-15


SECTION 140. REFERRAL LABOR STANDARDS AND RELATIONS. A referral system
shall be established in the Office of the Mayor thru the GFPS to refer any violations on gender-
related labor issues or complaints to concerned authorities for appropriate action.

SECTION 141. MEDIA WATCH. The GFPS shall organize a Media Watch Task Force for
print, broadcast, and multi-media, to include schools, movie houses, video shops, electronic
communications, cable televisions, books, and other forms of audio-visual channels or
instruments, to documenVmonitor and initiate appropriate legal actions against activities
degrading women, men, and children, especially the indigenous peoples.

SECTION 142. DATABASE. The Municipality shall establish a GAD Database aligned with
the databank requirements of the Magna Carta of Women. The Municipal Planning and
Development Office shall be responsible in the data collection, analysis, updating, and
management and as a repository of the Gender and Development data and information.

The GFPS TWG and its Secretariat shall ensure the accurate and timely uploading of
reports on the Gender Mainstreaming and Monitoring System (GMMS) to the appropriate
agency/office as prescribed thereof. The GMMS reports shall form part of the GAD database.

SECTION 143. GFPS FUNCTIONS. The general functions of the GFPS shall ensure and
sustain the municipal critical consciousness and support on women and gender issues. The
GFPS shall take a lead role in direction-setting, advocacy, planning, monitoring and evaluation,
and technicaladvisory on mainskeaming GAD perspective in the programs, projects and activities
and processes. (Specific Functions be included in the IRR)

SECTION 144. GAD OFFICE. There shall be an established GAD Office under the Office
of the Mayor in the implementation of this Code. lt shall be the implementing arm of the
municipality that will focus on women and gender and development specific programs, projects
activities, and services.

The GAD office shall also be the secretariat of the municipal GFPS. Shall provide technical
support, documentation of the proceedings, database generation and preparation of reports and
such other assistance as may be required in the discharge of its functions.

SECTION 145. IMPLEMENTING RULES AND REGULATIONS. The Muncipal Mayor shall
create a Task Force to formulate the lmplementing Rules and Regulations of this Code within
ninety (90) days after its effectivity. The Task Force shall be composed of representatives from
(Sangguniang Bayan, Municipal Planning and Development Office, the GFPS-TWG Chair,
Municipal Health Office, Municipal Social Welfare and Development Office, Malungon Council of
Women, Child Representative, NGO/CSOs).

SECTION,146. GENDER.RESPONSIVE AND ENVIRONMENT.FRIENDLY ZONING


PLAN. A Gender-Responsive and Environment-Friendly Zoning Plan for the Municipality of
Malungon shall be developed taking into consideration, among others, the following:

(a) Consult women and men and involve them in the community planning and
development, especially in matters pertaining to land use, risk mapping, zoning
and relocation.

Page 60 oI 76

ordinanc€ No. 202&208-1 5


(b) Relocation sites must have all the basic necessities, provision of alternative
livelihood and access to market and control of resources for displaced women
and men and their families.

SECTION 147. GENDER RESPONSIVE NATURAL RESOURCE MANAGEMENT. The


Municipality of Malungon shall spearhead and inspire the community's active participations
in all community-based health and environmental and all plans and programs of the
government, such as family planning program, proper waste management, Zero Open
Defecation (ZOD), preservation of the forest resources, reforestation and others.

CHAPTER XIII
OTHER GAD RELATED CONCERNS, SERVICES, AND INTERVENTIONS

SECTION 148. DIFFERENTLY-ABLED PERSON OR PWD. The Municipality of Malungon


shall implement a program for PWDs to improve their well-being in accordance with the Magna
Carta of Persons with Disabilities.

SECTION 149. CREATIVE EMPLOYMENT AND ENTREPRENEURSHIP


OPPORTUNITIES. The municipal government units, in coordination with PESO, MSWDO, and
other concerned agencies shall develop creative employment and entrepreneurship opportunities
for persons with disability recognizing their different conditions and full potentials as human
beings.

SECTION 150. PERSON WITH DISABILITIES EDUCATION SUPPORT. The municipal


and barangay government units shall support special education of persons with disabilities and
shall appropriate budget for the purpose; Funding for PWD Education program support shall be
incorporated in the Annual Budget.

SECTION '151 . ESTABLISHMENT OF PWD INFORMATION SYSTEM. All barangays shall


conduct an inventory and profiles of persons with disabilities in coordination with the MHO and
submit profile to the Municipal Social Welfare and Development Office as a basis for identifying
responsive interventions to their needs;

sEcTtoN 152. MAGNA CARTA FOR PERSONS W|TH DtSABtLtTtES AS AMENDED (RA
9442). The Municipal Government Units of Malungon shall ensure the implementation of the
Magna Carta for Persons with Disability as indicated in Sections 32-33, Chapter B, of RA 9442,
granting privileges and incentives for persons with disability, as follows:
.
1 Twenty percent (20%) discount from all establishments;
2. Minimum of twenty percent (20%) on admission fees;
3. At least twenty percent (20%) discount for the purchase of medicines;
4. At least twenty percent (20%) discount on medical and dental and
professional fees;

Page 61 of 76
Ordlnance No. 2023-208''15
5. At least twenty percent (20%) discount on fares for domestic air, sea travel,
public railways, skyways, and bus fare for the exclusive enjoyment of
persons with disability;
6. Educational assistance to Persons with Disabilities;
7. To the extent practicable and feasible, the continuance ofthe same benefits
and privileges given by the Government Service lnsurance System (GSIS),
Social Security System (SSS), and PAG-IBlG, as the case may be, as are
enloyed by those in actual service:
8. To the extent possible, the government may grant special discounts in
special programs for persons with disability on the purchase of basic
commodities, subject to guidelines to be issued for the purpose by the
Department of Trade and lndustry (DTl) and the Department of Agriculture
(DA); and
9. Provision of express lanes in all commercial and government
establishments; in the absence thereof, priority shall be given to them.

The abovementioned privileges are available only to persons with disability who are Filipino
citizens upon submission of any of the following as proof of his or her entitlement thereto:

1 . An identification card issued by the municipal mayor of the place where he or she resides;

SECTION 153. PWD Center. A facility that provides vocationalisocial rehabilitation


and skills training to persons with disabilities and other special groups for socio-economic
independence and productivig. The center aims to provide services for disability prevention,
rehabilitation and equalization of opportunities. Moreover, it is intended to enhance PWDs'
capacity to attain a more meaningful, productive and satisfying way of life and ultimately become
self-reliant, productive and contributing members of the society.

SECTION 154. SENIOR CITIZENS. The Municipality of Malungon shall support the
Senior Citizens Programs and ensure that the following shall be implemented.

1 . Office of Senior Citizens Affar'rs. The Municipal Government Unit shall support the
establishment of the Senior Citizens Affairs Office.

2. Support funds for senior cifizens. The municipal and barangay government units
shall endeavor to allocate funds for senior citizens; routine physical check-ups;
social group work programs and other appropriate socio-economic activities;

3. Senior Citizens Center. A facility that provides services to senior citizen. lt is an


establishment with recreational, educational, health and social programs and
facilities designed for the enjoyment and benefit of the senior citizens in the
municipality.

4. Additional Benefits and Privileges to Senior Citizens pursuant to RA 9257. fhe


municipal government shall ensure the implementation of RA 9257 othenivise known
as the Act Granting Additional Benefits and Privileges to Senior Citizens, specifically
Section 4, as follows:

1 . Twenty percent (200lo) discount from all establishments

Page 62 of 76

Ordinance No. 202&208-1 5


2. Minimum of twenty percent (20%) discount on admission fees.
3. lncome Tax Exemption
4. Exemption from Training Fees
5. Medical and Dental Privileges in Government Facilities
6. Medical and Dental Services in Private Facilities
7 . 20 o/o discount on Land, Air and Sea Transportation
8. Educational Privileges
9. Benefits and Privileges for Retirees
10. Privileges on granting special discounts in special programs
1 1 . Express Lanes Privileges

SECTION 155. ELDERLY.PWD.GENDER-SENSITIVE PHYSICAL FAGILITIES. A


physical plan appropriate for an elderly, PWD, and gender-sensitive environment shall be adopted
by all offices, agencies, institutions, establishments, or companies which shall facilitate access
and services and help prevent sexual harassment, abuse, and other forms of maltreatment in
workplaces. There shall be separate facilities for men and women, such as but not limited to
comfort rooms/powder rooms; fast lane services for pregnanUlactating, PWDs, and elderly women
and men; and breastfeeding areas for lactating mothers in all public facilities.

SECTION 156. PERSONS OEPRIVED OF LIBERTY. The Municipal Government Units


of shall provide support to persons in detention, especially the women detainees and shall ensure
that their rights are protected through the following:

1. Speedy trial oftheir cases shall beensuredbyall concerned;


2. An appropriate program shall be designed to respond to their specific needs as
detainees; and
3. There shall be a separate structure and space for detention and rehabilitation for
women and men detainees. Likewise, no child shall be in detention as provided by
RA 9344 which states that he or she shall be conveyed separately to, or from Court.
He or she shall await hearing of his or her own case in a separate holding area.
4. Enforcement of RA 7438, otherwise known as the Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial lnvestigation as Well as the Duties of
the Arresting, Detaining and lnvestigating Officers, and Providing Penalties for
Violations Thereof.

SECTION 157. LGBTQIA+. lt shall be the policy of the Municipality of Malungon to respect
the rights of the members of LGBTQIA+ and recognize their full potential. Relative thereto, no
one shall discriminate against any member of the LGBT Community with respect to employment,
access to health, livelihood, education, and others. They shall not be discriminated by reason of
their sexual orientation and gender identity and expression.

SECTION 158. WOMEN lN ESPECIALLY DIFFICULT CIRCUMSTANCES (WEDC). Shall


refer to victims and survivors of sexual and physical abuse, illegal recruitment, prostitution,
hafficking, armed conflict, women in detention, victims and survivors of rape and incest, and such
other related circumstances which have incapacitated them functionally.

Services and lnterventions for WEDC. Victims of WEDC shall be provided with services and
interventions as necessary such as, but not limited to, the following:

Page 63 of 76
Ordinanc€ No. 2023-208-1 5
(a) Temporary and protective custody;
(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiakic evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;

CHAPTER XIV
PROTECTION FROM STIGMA AND OISCRIMINATION

SECTION 159. PROTECTION FROM STIGMA AND DISCRIMINATION. The Municipality


of Malungon adopts a human-rights-based approach for the elimination of all forms of
discrimination to ensure full and effective equality of opportunity, participation, and inclusion in
society.

SECTION 160. PROHIBITED ACTS AGAINST DlSCRltYllNATlON. lt is hereby prohibited


to discriminate against any person and/or group of persons based on their disability, age, health
status, sexual orientation, gender identity, and expression, ethnicity, and religion. lt is unlawful for
any person, natural or juridical to:

'1. Discimination based on Education:


a. Refuse admission to or expel or dismiss a person from educational
institutions including technical and vocational facilities, socio-civic
organizations, associations, trainees, and internships.
b. Deny access to student benefits which include scholarships, financial
assistance, merit awards, and election as officers in student
governmenUcouncil.
c. Violently harass and bully or any threat of physical, mental, psychological
and verbal violence, intimidation, or other threatening disruptive behaviors in
schools and educational institutions by teachers, professors, trainers,
administrators, or by students of any person based on disability, age, health
status, sexual orientation, gender identity and expression, ethnicity, and
religion with concurrence to the Anti-Bullying Act of 2014 (Republic Ac{ of
'10627), the Department of Education Memorandum Circular No. 40, Series
ot 2012:
d. Providing onerous or unjust terms and conditions for the admission of a
person as a student.
e. Expelling or subjecting the student to any penalty or any other detriment.

2. Discrimination based on Employment

a. Deny or limit the rights of trainings, recruitments, promotion remuneration


and other terms and conditions of employment.

Page 64 of 76
Ordinance No. 202&208-1 5
b. Denying or limiting opportunities to favorable terms and conditions of
employment which afford employee advancement in all levels of government
service and employment in Malungon;
c. Excluding membership in labor unions or similar organization;
d. Subjecting any employee to workplace harassment or any threat of physical,
mental, and verbal violence, intimidation, or other threatening disruptive
behavior committed by the employer or by another employee; and/or
e. Dismissing the employee or subjecting the employee to any other detriment
based on disability, age, health status, sexual orientation, gender identity
and expression, ethnicity, and religion.

3. Discrimination on denying access fo services.

a. Refuse or revoke the accreditation, formal recognition, and/or registration of


any organization, group, institution, or establishment, in educational
institutions, workplaces, communities, technical facilities, training, internship
vocational facilities, and similar settings, solely based on disability, age,
health status, sexual orientation, gender identity and expression, ethnicity,
and religion of their members or of their target constituencies;
b. Submit or force any person from repressing his/her ethnicity, sexual
orientation, gender identity and expression, and/or religion according to
policies of any government units in Malungon, organizations, institutions,
establishments, facilities, and utilities that are public or private;
c. The submission of tactical delay by public officers in providing public
programs and services is based on the basis of disability, age, health status,
sexual orientation, gender identity, and expression, ethnicity, and religion.
d. Deny a person's access to medical and other health services and as well as
health insurance and other related benefits as provided for under the law.
e. Deny a person access to and/or the use of private and public establishments,
accommodations like the facilities, utilities, transportation, or services,
including housing, open to the general public on the basis of his/her/their
disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion and notwithstanding the existence if the
person's capacity to comply or his/her/their actual compliance with the
requirements set forth in order to access or enter such establishments.

There is denial when, among others:

A person is given inferior accommodations or services; and

Rejection of any application, entry, and participation on the basis of


disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion.

Page 65 of 76
Ordinance No, 2023-20&ts
f. Deny an application for license, clearance, certification, or any other
document issued by governmental authorities or other private or juridical
entities on the basis of perceived sexual orientation, gender
identity/expression.
g. Deny a person delivery of goods and services; it shall be unlawful for a
person, natural or juridical, whether as principal or agent to discriminate
against a person on grounds of disability, age, health status, sexual
orientation, gender identity and expression, ethnicity, and religion.

9.1 . Refusing to provide goods and services and/or imposing onerous


terms and conditions to a person on the grounds of one's actual or
perceived disability, age, health status, sexual orientation, gender
identig and expression, ethnicity, and religion as a prerequisite for
providing such goods and services where the said terms and
conditions are not imposed on another person under the same or
similar circumstances.

h. Verbal, non-verbal ridicule and vilification such as acts that result to loss or
reduction of self-esteem of the individual, such as making fun or
contemptuous imitating or mockery based on disability, age, health status,
sexual orientation, gender identity and expression, ethnicity, and religion
whether in writing, or in words, or in action; uttering of slanderous and
abusive statements; executing any public activity that incites hatred or
severe ridicule of a person"
i. Disallowance of entry and refusal to serve; it shall be unlawful to refuse entry
and/or disallow a persion or group of people from entering any establishment
such as bars, stores, movie houses, shopping malls, and other places or
entertainment and other business which are open to the general public;
and/or refuse to attend to, or serve any orders for food drinks and other
goods, consumable or non-consumable; or to subject one to discrimination
or harassment in buses, taxis, airplanes, on the basis of actual or perceived
disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion.
j. Subject or force any person to any medical or psychological examination
without the expressed approval of the person involved on the basis of
disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion. Provided that such person is not
psychologically incapacitated as determined by competent authority.

4. Wo*-related Discrtmination - Work related discrimination shall be subject to


the provisions ofthe Labor Code ofthe Philippines and other pertinent laws such as
but not limited to: Magna Carta of the Persons with Disability, Magna Carta for

Page 66 of 76
Ordinance No. 202&208-t5
Senior Citizens, Child and Youth Welfare Code, Magna Carta for Women,
lndigenous Peoples Rights Act, among others.

There is work-related discrimination when disability, age, health status, sexual


orientation, gender identity and expression, ethnicity, and religion are included in the
criteria for hiring, promotion, and dismissal of workers, when the same are
immaterial to the nature of the work required, and in the determination of employee
compensation, training, incentives, privileges, benefits or allowances, and other
terms and conditions of employment-

a. Refusing employment to a job applicant on the basis of disability, age, health


status, sexual orientation, gender identi$ and expression, ethnicity, and
religion.
b. Discrimination due to the denial of an applicant or revocation of a
professional license, clearance, certification or any other document issued
by a by government authority due to applicant's disability, age, health status,
sexual orientation, gender identity, ethnicity, and religion shall be handled by
the appropriate administrative agencies of government which grants such
license clearance, certification and other documents without prejudice to
recourse by the victims with the appropriate court and other concerned
government agencies.

5. Harassment and other Analogous Act

a. Subjecting a person or group of persons to harassment generally defined as


such unwanted conduct, pattern of conduct, act, or series of acts which tend
to annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or create
a hostile or emotionally distressing environment, or put them in fear of their
safety; and which behavior is motivated in whole or in part by the offendeis
bias, belief, or perception regarding the offended party's disability, age,
health status, sexual orientation, gender identity, ethnicity, and religion. Such
prohibited act may include physical assault, stalking, or making derogatory
comments, slurs or lewd propositions, and may be conducted through any
form of medium, including but not limited to, visual representation, broadcast
communication, correspondence or communication through mail or any
telecommunication device through the internet and cyberspace.
b. Preventing a child under parental authority, custody, or guardianship from
exhibiting or expressing one's sexual orientation or gender identity; or
manifesting rejection of such child's sexual orientration or gender identity or
expression by inflicting orthreatening to inflict bodily or physical harm against
the child or by causing mental or emotional suffering of the child through
intimidation, harassment, public ridicule or humiliation, repeated verbal
abuse, or other similar means, or in general, commit any act or omission

Page 67 of 76
Ordinance No. 2023-208.t S
prejudicial to the welfare and interest of the child as a result of the bias
against the sexual orientation or gender identity of the child;
c. Subjecting a person to any other analogous acts that shall have the effect or
purpose of impairing or nullifying the enjoyment, recognition, or exercise of
a person's rights and freedoms.

SECTION 161. ANTI-DISCRIMINATORY PROGRAMS' The Local Government Unit of


Malungon shall endeavor to ensure that discrimination is prevented and effectively addressed
through the following programs:

a. Discrimination and Stigma Reduction Program - The local government unit


of Malungon shall allocate funds to address discrimination and stigma which has
the following components:

Capacity Building and Education Campaign- To curb social stigma and


eliminate discrimination, a comprehensive consciousness and awareness-
raising campaign and developing knowledge, harnessing skills, and values
formation on respect for human rights and human dignity shall be undertaken
within public and private institutions, establishments, organizations, and
communities. Further, the program shall include the following:
. Discimination and Stigma Studies and Databank - Fund shall be allocated
for stigma and discrimination case documentation, researches, and
information dissemination as well as set up a database of different cases and
experiences of stigma and discrimination.
It Anti-Disciminatory Sensitivfi Seminars- for all organized institutions private
or public that includes the educational institutions, business establishments
and within the Municipali$ of Malungon with no exemptions.

b. Access fo Scholarshipg Skills, Employment and Livelihood Oppoftunities


- The Local Government Unit of Malungon shall ensure that all persons residing
in the Municipality of Malungon shall have equal access to scholarships, skills
trainings, employment, livelihood opportunities, and microfinance opportunities
and ensure equitable access by persons who for reasons of disability, age,
health status, sexual orientation, gender identity, ethnicity, and religion are
discriminated.

c. Access to Legal Representation - The Local Government Unit of Malungon


shall facilitate and assist victims of stigma and discrimination and shall be
afforded legal representation when documenting and flling cases as well as
during the duration of the case;

d. Policy Review - The Local Government Unit of Malungon shall ensure that all
policies embodied in resolution, ordinances, codes, and other policy documents
are free from discriminatory statements and provisions, and undertake

Page 68 of 76
Ordinance No. 2023-208-1S
necessary amendments to those provisions to effectively eliminate
discrimination, stigma, and stereotypes.

e. Social Protection Program- The Local Government Unit of Malungon shall


handle specific concerns relating to discrimination based on disability, age,
health status, sexual orientation, gender identity, ethnicity, and religion through
the Gender and Development Office, Municipal Social and Welfare Office and
Malungon Police Station, to wit:

Develop a system to document and report cases of discrimination


and violence and provide assistrance to the victims thereof;
Ensure that barangay official, barangay security, or tanod and other
barangay workers including volunteers, undergo training to enable
them to respond to victims of discrimination and violence;
iii. Assist the victim in filing the appropriate complaint with the Malungon
Police Station.

SECTION 162. REMEDIAL MEASURES -


The remedial measures for any complaints
against any person(s) who may violate this Ordinance may include but not limited to the following,
to wit:

a. Complainants shall lodge their complaint(s) of any violation with the Lupon
Tagapamayapa (Barangay Chairman) as provided by the RA 7160 otherwise
known as the Local Government Code of 1991 and the Katarungang
Pambarangay Law, provided both parties are residents of the same barangay;
otherwise, the case shall be filed directly in court.

c. Any form of bigotry, stigma, and discrimination shall not be tolerated and shall
be grounds for the filing of complain and subject to the nature of the mental,
psychosocial, and physical trauma a person is experiencing whether it may be
in the form of hate speech, bashing, humiliating, bullying, shaming, that
consequentially would result to anxiety and depression as mental and
psychosocial traumas.

d. The victim of Sexual Orientation and Gender ldentity Expression (SOGIE)-


based discrimination can pursue and file separate and independent action for
damages and other affirmative reliefs.

e. The victim of ethnicity-based discrimination can pursue and file separate and
independent complains through the office of the Municipal Tribal Council which
would undergo a different system of measures.

SECTTON 163. CREATION ANO COMPOSTTION OF AilT|-DISCR|M|NAT|ON COUNCTL


- There shall be created the Anti-Discriminatory Council (ADC) within one year from the effectivity

Page 69 ot 76
Ordinance No. 202!20&ts
of the Ordinance, shall be directly and primarily responsible for the implementation of the
provisions of this Ordinance.

It shall be the duty of the ADC to coordinate with the appropriate agencies and the
offices to implement the programs provided in this Ordinance and monitor or take action on
any complaint brought before it falling under the provisions of the Prohibitions of this
Ordinance.

The composition of the Council shall be as follows

Chairperson : Local Chief Executive


Co-Chairperson: Sangguniang Bayan Committee Chair on Social Services
Members : Gender and Development Focal Person
Municipal Health Officer
Department of Education District Supervisors
Local Youth Development Officer
Municipal Tribal Chieftain
Liga ng mga Barangay President
Secretariat Municipal Social Welfare and Development Officer

SECTION 164. ANTI-DISCRIMINATION CONGERNS DESK' All Barangays in the


Municipality of Malungon are strongly encouraged to handle concerns relating to discrimination
based on religion, ethnicity, sexual orientration and gender identity, health status, disability, and
age through the establishment of Anti-Discrimination Desk.

a. Develop a system to document and report cases of discrimination and violence to


assist the victims;
b. Ensure that barangay officials, barangay tanods and other barangay workers,
including volunteers, undergo training to enable them to respond to victims of
discrimination and violence;
c. Assist the victim in filling the appropriate complaint with the Malungon Police Station
or other law enforcement agencies;
d. Ensure that all pertinent documents are fonvarded to the Malungon Police Station
and Municipal Social Welfare Development Office.

SECTION 165. IMPLEMENTATION. The Municipal government of Malungon through


the Municipal Social Welfare and Development Office shall be directly and primarily responsible
for the implementation of the provisions of this Ordinance. lt shall be the duty of MSWDO to
coordinate with other appropriate agencies and offices to implement the programs provided under
Section 165, and monitor or take action on any complaint brought before it falling under the
provisions of Section 164.

Complaints referred to the barangay for conciliation and mediation purposes shall be in
accordance with the provisions of the Local Government Code of 19g1, as amended.

Page 70 of 76
0rdinance No, 2023-208-i s
Work-related discrimination shall be subjected to the provisions of the Labor Code of
the Philippines and other pertinent laws such as but not limited to the Magna Carta for Persons
with Disability, Magna Carta for Senior Citizens, Child and Youth Welfare code, Magna Carta for
Women, lndigenous Peoples' Rights Act. There is work-related discrimination when disability,
age, health status, sexual orientation, gender identity, ethnicity, and religion are included in the
criteria for hiring, promotion, and dismissal of workers, when the same are immaterial to the nature
of the work required, and in the determination of employee compensation, training, incentives,
privileges, benefits or allowances, and other terms and conditions of employment.

Discrimination due to denial of an application or revocation of a professional license,


clearance, certification or any other document issued by any government authority due to
applicant's disability age, health status, sexual orientation, gender identity, ethnicity, and religion
shall be handled by the appropriate administrative agencies of government which grants such
license clearance, certification, and other documents without prejudice to recourse by the victims
to appropriate court and other concerned government agencies.

SECTION 166. PERSON LIABLE. Any person, natural or juridical, who commits any of
the acts herein prohibited, shall be criminally liable and penalized accordingly. ln case of juridical
persons, such as but not limited to corporations, partnerships, associations, institutions, whether
private or public, the President or head of office, shall also be criminally responsible.

CHAPTE RXV
GENDER SENSITIVE AND PWD COMPLIANT INFRASTRUCTURE

SECTION 167. GENDER-SENSITIVE PHYSICAL PLAN' All public and commercial


buildings and structures should be designed in a manner that helps prevent sexual harassment
and sexual abuse and facilitates easy mobility and accessibility of women, children, the elderly,
and PWD. For inappropriate causes, the building official shall ensure that building and structural
designs conform to the standard requirements before the issuance of building permits. The
Municipal Engineering Office shall ensure compliance hereof and no occupancy permits or turn-
over of project completed shall be made for such non-compliant building.

SECTION 168. FACILITIES FOR MEN, WOMEN, AND DIFFERENTLY-ABLED


PERSONS/PWDS. All government and private offices, clinics/hospitals, and other establishments
such as activity and training centers shall have separate toilets and lavatories for men, women,
and differently-abled persons/PWD. There shall be located male urinal, toilet bowls, and hand
washing facility specific for children to be included at the female/mother's comfort room area
together with the diaper changing table.

SECTION 169. ACCESSIBILITY AND EASY MOBILITY OF WOMEN, CHILDREN,


ELDERLY, AND PWD. ln all infrastructure proiects to be implemented, government or private
initiated, accessibilig and easy mobility of women, children, elderly, and differently-abled persons

v Pago 71 of 76

Ordinance No. 202&208-15


shall be considered. Public and private buildings and structures for public use shall comply, as
follows:

1. Buildings for public use must have ramps and access compliant with the standards;
2. Buildings must have gender-sensitive comfort rooms (male & female, differently-
abled persons) compliant with standards;
3. Diaper-changing, children's toilet bowls, children's male urinals, and appropriate
hand wash areas for children be provided;
4. Appropriate parking areas for or with differently-abled persons/PWD shall be
accessible, including, appropriate lighting in the said parking areas. Streets and
highways shall be well-lighted for public safety;
5. Public buildings shall provide for a child-minding area and breast-feeding room or
areas.
6. Streets, highways, and transport-related structures shall be barrier-free facilities
with accessibility feature such as ramps, and other access in buildings, cut-out
curbs, and access at sidewalks.

CHAPTER XVI
PENAL PROVISIONS

Any violation of this Code or commission of the foregoing prohibited acts shall be
penalized.

SECTION ,I70. NON.DISCLOSURE OF VICTIMS' AND OFFENDERS' IDENTITIES. It


shall be unlawful for a person to disclose confidential information or records of victims and
survivors of violence to the public in any manner. Any person who violates this Code shall be
penalized with 15-day imprisonment or payment of Two Thousand Five Hundred Pesos
(P2,500.00) or both, at the discretion of the court. The confidentiality provision as quoted under
Section 7 of the Anti-Trafficking law as amended, as follows:

"SEC. 7. Confidentiality. - At any stage of the investigation, rescue, prosecution and tial
of an offense under this Act, law enforcement officers, prcsecutors, iudges, court
personnel, social wo*ers and medical practitioners, as wel/ as padies to the case, shall
protect the ight to pivacy of the trafficked person. Towards this end, law enforcement
officers, prosecutorc and judges to whom the complaint has been refened may, whenever
necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or tial. The name and personal circumstances of the trafftcked person or any
other information tending to establish the identity of the trafficked person and his or het
family shall not be dlsc/osed to the public."

"lt shall be unlawful for any editor, publisher, and repofter or columnist in case of pinted
materials, announcer or prcducer in case of television and radio, producer and director of
a film in case of the movie industry, or any person utilizing tri-media facilitbs or electrcnic
information technology fo c€use publicity of the name, personal circumstances, or any

P?6,e72ot76
Ordinance No. 2023-20&15
information tending to estab/ish the iden@ of the trafticked person except when the
trafficked person in a witten statement duly notaized knowingly, voluntaily and willingly
waive s said co nlida ntial ity.

"Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the impoftance of maintaining confidentiality as a
means to protect the ight to pivacy of victims and to encourage victims to file complaints."

SECTION {71.
IMMEDIATE ACTION ON REPORT AND/OR DELIVERY OF
SERVICE. Failure to act within 24 hours by concerned person or authority on complaints and/or
appropriate legal, medical, counselling, psycho-social referral assistance to the complainants as
provided by RA 9262 or The Anti-Violence Against Women and their Children, RA 9208 or The
Anti-Trafficking in Persons Act as amended, RA 10341, RA 7610 or Special Protection of Children
Against Child Abuse, Exploitation and Discrimination, RA 10354 or The Reproductive Health Act
of 2012, RA 7877 or The Sexual Harassment Law, and RA 8353 or The Anti-Rape Law, shall
constitute neglect of performance of duty and shall be penalized with the provisions of Civil
Service Code, Local Government Code of 1991 and other applicable laws.

SECTION ,I72, NATIONAL LAWS AND THEIR PENAL PROVISIONS. ThE


Municipality of Malungon resolve to protect the rights of women and children by adopting the
existing national laws and its corresponding penal provisions, to wit:

a. Republic Act No. 9710 (The Magna Carta for Women) and other statutes
b. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)
c. Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of
2004)
d. Republic Act No. 9344 (Juvenile Justice and Child Welfare)
e. Republic Act No. 9208 as amended RA 10364 (Anti-Trafficking in Persons)
f. Article No. 266-A Revised Penal Code of the Philippines (Rape)
g. Presidential Decrees No.960 and 969 (Pornography)
h. Republic Act No. 9775, Sec. 4 (Anti-Child Pornography)
i. Republic Act No. 6955 (Anti-Mail-Order Bride)
j. Republic Act No. 6949 (National Women's Day - March 8)
k. Republic Act No. 7192 (Women in Development and Nation Building Act)
l. Republic Act No. 76 l0 (Special Protection of Children Against Child Abuse,
Exploitation and Discrimination Act)
m. Republic Act No. 8353 (Anti-Rape Law of 1997)
n. Republic Act No. 8505 (Rape Victim Assistance and Protection Act of '1998)
o. Republic Act No. 1 1313 (Safe Spaces Act)
p. Republic Ac No. t 1939 (Anti-Online Sexual Abuse or Exploitation of Children
(OSAEC) and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.
q. Republic Acl No. 1 1596 (Prohibiting the Practice of Child Maniage and lmposing
penalties for violations thereof

SECTION 173. SOLICITING WOMEN'S SERVICES. lt is unlawful for a person to solicit a


woman or child's services for sexual purposes as a gift, representation, public relations, or as an
act of goodwill regardless of whether the solicitor profits or not from such action without prejudice
to the provision of the Revised Penal Code and other related laws.

Pago 73 of 76
ordinanc€ No. 2023-208.15
SECTION 174. LEWD ACTS AND LIVE SHOWS. The conduct of lewd acts, sexy dance live
performances, or do naked performance in public or private places for commercial or entertainment
purposes, inciting to lust or lechery whether fully or partially naked shall be unlawful.

Afine of Two Thousand Five Hundred Pesos (P2,500.00) shall be imposed upon the performer
and Two Thousand Five Hundred Pesos (P2,500.00) for the business owner and cancellation of
business permits. A not more than 6 (six) months imprisonment for both the performer and the
business owner shall be imposed, depending upon the sound discretion of the murt.

SECTION 175. SEX SLAVERY, Any agency or person who shall engage in keeping women
and children for sex for a fee shall suffer the penalty under the Revised Penal Code and other
pertinent laws.

SECTION 176. SEX TOURS. No resorts, pension, lodging houses, and related
establishments shall be allowed to operate as a conduit for sex tours. Organizers of sex tours and
owners of the establishments shall be penalized under the penal provision of this code.

SECTTON 177. PROHIBITED FUND-RAISING lNlTlATlVES. Fundraising activities wherein


men and women are used as door prizes, substitutes for door prizes, or companion packages for
an award, prize, or recognition to raise funds shall be strictly prohibited. Organizers and all other
persons responsible for the conduct of said fundraising activity shall pay a fine of Two Thousand
Five Hundred pesos (php 2,500) and/or suffer imprisonment for six months (6) or both, at the
discretion of the Court.

SECTION '178. CONTESTS WHICH DEGRADE WOMEN AND trlEN. Contests and other
similar aclivities whose purpose and presentation tend to abuse, humiliate and treat and degrade
women, men, and children shall be strictly prohibited in schools, barangays, and communities
within the municipality's jurisdiction. lnstead, the projection of women and children's strengths and
potentials shall be encouraged.

SECTION 179. VIOLATION ON EQUAL ACCESS TO JOB TRAINING AND


PROilIOTION. No one shall be deprived of job training or promotion based on gender, sexual
orientation, age, ethnicity, civil status, and religion. Employers who violate this provision shall be
penalized with a fine of Two Thousand Five Hundred Pesos (P2,500.00), the cancellation of their
business permits, or both at the court's discretion.

SECTION '180. WAGES AND BENEFITS. Every employer shall comply with the minimum
wage as prescribed by the Regional Wage Board or as may be provided by existing laws and
shall grant all employee benefits without discrimination against women. Violations by employers
shall be penalized as provided in the Labor Code.

SECTION 181. RAIOS lN ENTERTAINMENT ESTABLISHiTENTS. Police brutality shall


not be allowed anywhere, at any time, and in any activity such as during raids in entertainment
establishments and similar places. Raids shall be conducted according to the law and in a manner
that shall not degrade or humiliate others. Violators of this provision shall be subject to appropriate
administrative, civil, or penal sanctions

Y
Page 74 of 76
Ortinance No. 2029208-15
SECTION 182. EOUAL TREATMENT TO PERSONS lN THE SPECIAL SECTORS. Any
ridicule, embarrassment, insult, and harassment to persons with disabilities, elderly, solo parents,
Muslim and other cultural communities, and those with sexual preferences shall be penalized
under the penal provision of this code.

SECTION 183. PROHIBITION AGAINST DEGRADING PROGRAMS AND


PUBLICATIONS. lt shall be unlawful for any person or entity to present reports, programs, or
advertisements in print, broadcast, electronics, film, or other forms of media, including stage
shows or presentations, that degrade or treat women and men, minors and children as inferior
beings or which in any manner subject them to humiliation and ridicule. Publishers, reporters,
station or program managers, advertisers, producers, directors, aclors, or other persons
responsible for such, shall be penalized with a fine of Two Thousand Five Hundred Pesos
(P2,500.00) or imprisonment of one (1) month or both at the discretion of the court. The court may
impose suspension or revocation of the business permit or franchise to operate.

CHAPTER XVII
FINAL PROVISIONS

SECTION 184. APPROPRIATION. The municipal and barangay government units shall
appropriate at least 5% of the total annual budget of the LGU to GAD programs, projects, and
services. The GAD Budget shall not constitute an additional budget over an LGU's total budget
appropriations. The five percent (5%) GAD budget shall endeavor to influence the remaining 95%
of the LGU budget toward gender-responsiveness. To gradually increase the gender-
responsiveness of the program and projects, the municipali$ may attribute a portion or whole of
their budgets to the GAD budget supporting gender-responsive PPAs using the Harmonized
Gender and Development Guidelines (HGDG).

SECTION {85. COilIPLIANCE REPORT. Upon the effectivity of this Code and every year
thereafter, all Heads of Offices in the Municipality of Malungon and instrumentalities, shall submit
a report to the GFPS Executive Committee on the compliance with this Code.

SECTION 186. SEPARABILITY CLAUSE. lF for any reason any portion or provision of this
Code is declared unconstitutional or invalid, the other sections of the provisions hereof which are
not affected thereby shall continue to be in force and effect.

SECTION 187. SUPPLEMENTARY CLAUSE. On matters not provided for in this Code,
any existing applicable law and its corresponding implementing rules and regulations, executive
orders and relevant issuances issued therefore shall apply in supplementary manner.

SECTION 188. REPEALING CLAUSE. All ordinances, resolutions, memoranda, orders


and other issuances which are inconsistent with this Code are hereby repealed or modified
accordingty.

SECTION 189. EFFECTIVITY CLAUSE. This Code shall take effect upon approval by the
Municipal Mayor and upon compliance with the mandatory posting and publication requirements
prescribed under Republic Act No. 7160, othenivise known as the Local Government Code of

v
1991.

Page 75 of 76
ordinance No. 202&208-15
ENACTED by the 'l5th Sangguniang Bayan of Malungon on August 30, 2023 upon
Sponsorship of the Committee on Social Services, Family, Women, Children and Family Relations
and upon majority vote of the members present.

I hereby certify to the correctness of the foregoing ORDINANCE.

JONATHAN V. ALFARO
Secretary to the Sanggunian
(On leave)

ELLEN P.L O. BRIGOLE


LLSO-UOIC. to the Sanggunian

ATT

LADA, JR.
M residing Officer

APPROVED BY:

NO
Muni

Date: ,r 5 SEP 209

Pag6 76 of 76
frinanc€ No. 2023-20&15

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