Professional Documents
Culture Documents
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)
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;
ry*
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SECTION 1. TITLE. This ordinance shall be known as the ENHANCED GAD CODE OF
MALUNGON 2023-
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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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:
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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10. RA 7882: "An Act Providing Assistance to Women Engaging in Micro and Cottage
Business Enterprises and for Other Purposes.";
'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.";
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.';
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.";
wts
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ordinance No. 2023-208-1s
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.";
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;
'1. Ordinance No.2021-145-'14: An Ordinance Enacting the Revised Child Welfare Code
of the Municipality of Malungon;
r
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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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;
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ordinance No. 2023-208-15
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;
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.
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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Ordinance No. 2023-208-15
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.
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.
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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ordinance No. 2023-208-15
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:
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;
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Ordinance No. 202&208-15
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.
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;
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";
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;
&,ulv
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ordinancs No. 202$20&1S
consumption. As consumers, women are allured to buy, sell or give beauty products
to enhance their physical attractiveness. As objects of consumption, women are
reduced to sexual commodities;
16. Development - the improved well-being, or welfare, of people and the process by
which this is achieved. The sustained capacity to achieve a better life;
20. Economic abuse - refers to acts that make or attempt to make women financially
dependent which includes but is not limited to the following:
o
Withdrawal of financial support or preventing the victim from engaging in any
legitimate profession, occupation business, or activity, except in cases
wherein the other spouse/partner objects on valid, serious, and moral
grounds as defined in Article 73 of the Family Code;
o
Deprivation or threat of deprivation of financial resources and the right to the
use and enjoyment of the conjugal, community, or property owned in
common;
r Destroying household property;
r Controlling the victim's own money or properties or solely controlling the
conjugal money or properties.
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odinanc€ No. 2023-208-1 s
purpose or effect of impairing or nullifying the recognition, enjoyment or exercise, on
an equal footing of the human rights and fundamental freedoms in the civil, political,
economic, social, cultural, or any other field of the public life of a person,
26. Fund Raising lnitiatives - refer to any activity integrated, in whole or in part, such
as raffle draw, benefit or disco dance, premier showing of movies, or any similar
fund-raising undertakings where women/men are used as donor prizes, or
recognition, or any manner, activity, come-on display, or exhibit which depicts
women/men as the cenhal, partial or special focus in order to raise funds;
28. GAD Focal Point System - refers to means of mechanism dedicated in developing
programs into mainstreaming to the community. lt also serves as a monitoring enti$
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;
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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;
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.
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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;
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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:
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;
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;
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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;
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;
-
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
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;
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;
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;
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;
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
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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:
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;
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,
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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.
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:
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;
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;
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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.
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:
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
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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.
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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.
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.
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.
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.
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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.
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 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:
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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.
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.
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 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.
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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.
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 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.
v
Page 33 of 76
Ordinance No. 2023-208t5
CHAPTER IV
EDUCATION
Page 34 of 76
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 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
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.
Page 35 of 76
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.
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 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;
Page 36 of 76
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.
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.
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.
r
o Enhanced programs and services necessary for scaling up enterprises and/or
improving productivity;
Page 37 of 76
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 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.
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 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.
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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
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:
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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.
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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.
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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.
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 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 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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Orolnance No. 2023-208-1 5
CHAPTER VIII
WOMEN AND MIGRATION
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:
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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.
CHAPTER IX
GENDER SENSITIVE GENDER AND CULTURE
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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
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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.
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.
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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 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.
CHAPTER XI
GENDER RESPONSIVE SUPPORT SERVICES & FACILITIES
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 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.
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.
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.
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.
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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 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.
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.
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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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CHAPTER XII
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:
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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.
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;
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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.
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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).
(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.
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CHAPTER XIII
OTHER GAD RELATED CONCERNS, SERVICES, AND INTERVENTIONS
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;
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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 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;
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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.
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:
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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
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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.
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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.
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.
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Ordinance No. 202&208-t5
Senior Citizens, Child and Youth Welfare Code, Magna Carta for Women,
lndigenous Peoples Rights Act, among others.
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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.
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
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Ordinance No. 2023-208-1S
necessary amendments to those provisions to effectively eliminate
discrimination, stigma, and stereotypes.
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.
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.
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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.
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.
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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.
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
v Pago 71 of 76
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.
"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.
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
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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.
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 '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.
Y
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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.
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 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.
JONATHAN V. ALFARO
Secretary to the Sanggunian
(On leave)
ATT
LADA, JR.
M residing Officer
APPROVED BY:
NO
Muni
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frinanc€ No. 2023-20&15