ORDINANCE NO.

263, SERIES 2007 AN ORDINANCE PROVIDING FOR THE GENDER AND DEVELOPMENT CODE OF SURIGAO CITY The Sangguniang Panlungsod of the City of Surigao hereby ORDAINS: BOOK I GENERAL PROVISIONS CHAPTER I BASIC PRINCIPLES ARTICLE I TITLE, STATEMENT OF PRINCIPLES AND DEFINITION OF TERMS Section I. Title. This ordinance shall be known and cited as the GENDER AND DEVELOPMENT CODE OF THE CITY OF SURIGAO, hereinafter referred to as the GENDER CODE. Section II. Statement of Principles. This Gender Code is an instrument whose bas ic mission/task is to illustrate the full compliance of the City of Surigao to the democratic principle that equality between women and men in the transformation of system, practices a nd cultures in a civil society is not contrary to any existing fundamental law. This initiative i s aimed at mainstreaming women s concern to create a wider arena for women s active involvement in the development process, and to protect their rights and be given opportunities equa l to that of men. Moreover, legal basis does not only support this Code, but it is also coherent w ith the declaration of the United Nations, to wit: a. Women have the right to prevention of and protection from all forms of violence and coercion against their person, their freedom, their sexuality and their individu ality; b. Women have the right to freely and fully participate individually or collectivel y in the political process prevalent in their communities and nations; c. Women have the right to the knowledge and means necessary for the full exercise of their reproductive rights according to their beliefs and preferences; d. Women have the right to the means of ensuring their economic welfare and securit y; e. Women have the right to choose their spouses in accordance with their values and preferences, maintain equality in marriage, work for its dissolution, if need be , and obtain adequate support for the rearing and caring of their children. f. Women have the right to an adequate, relevant and gender fair education througho

ut their lives, from childhood to adulthood g. Women have the right to adequate nutrition and proper health care. h. Women have the right to humane living conditions; i. Women have the right to nurture their personhood, collectively and individually to secure an image of themselves as whole and valuable human beings to build relationships based on respect, trust and mutuality j. Women have the right to equality before the law in principle as well as in pract ice. In the light of historical gender biases, inequalities and inequities, this piec e of local legislation will provide the City Government a policy direction to formulate pro gram and strategies, among others, that will:

1. Mainstream gender concerns in sectoral development plan, policies and programs; 2. Intensify awareness campaign on gender issues and concerns; 3. Strengthen Government, Private and Non-government Organization (GO-PO-NGO) partnership to maximize the effectiveness of programs and services addressing Gender and Development (GAD) concerns; 4. Encourage, support and expand the participation of grass roots women in the planning, implementation, monitoring and evaluation of development programs and projects; 5. Recommend appropriate curricula at all academic levels that are gender sensitive 6. Provide gender-responsive relief and rehabilitation programs with special focus on women and children s need; 7. Involve men in reproductive health programs, child care and nutrition concerns, and engage them in projects that enhance the well-being of the family; 8. Set up crisis intervention centers and shelters in the City of Surigao for survi vors of violence against women and children and other social conflicts; 9. Promote gender sensitivity in local media and advertising agencies 10. Increase the members of women in decision and policy making posts in the loc ality through implementation of capability building programs, and/or 11. Establish the necessary mechanism to enable indigenous women to participate in development programs and gain process to non-traditional sources of livelihood, credit financing, productive skills and labor saving technologies 12. Integrate gender and development in the planning and budgeting system throug h the formulation of GAD Plans Section III. Definition of Basic Terms and Related Concepts ACTS OF LASCIVIOUSNESS-acts that are lascivious in nature, which include but are not limited to intentional touching, either direct or through clothing, of the g enitalia, anus, groin, breast, inner thigh or buttocks; or the introduction of any object into the geni talia, anus or mouth of a woman with an intent to abuse, humiliate, harass, degrade or arouse or grat ify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the gen ital or pubic area of a person, etc. ASSAULT-an attempt or threat to inflict injury upon a woman when coupled with an apparent present ability to do so and any intentional display of force such as w ould give her reason to fear or expert immediate bodily harm. It may be committed without actu ally touching,

striking, or doing bodily harm to her. BATTERING-an act of inflicting physical harm on a woman resulting to physical an d psychological/ emotional distress preventing her from doing what she wishes or f orcing her to behave in a manner that is unacceptable to her. BISEXUAL -One who is sexually attracted to both men and women, or engaging in bo th heterosexual and homosexual activity; having both male and female characteristic s; having male and female reproductive organs CHILD-a person below 18 years of age, or over 18 years of age but is unable to f ully take care of herself/ himself from abuse, neglect, cruelty, exploitation or disc rimination because of a physical or mental disability or condition. COERCION Grave Coercion-an act of violence, threat or intimidation done by any person who , without any authority of law, prevents a woman from doing something not prohibit ed by law, or compels her to do something against her will, whether it be right or wrong. Light Coercion-an act committed by any person who, by means of violence, shall s eize anything belonging to a woman debtor for the purpose of applying the same to the payment of debt.

CONCUBINAGE-an act of keeping a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not a wi fe, or shall cohabit with her in any other place. DIFFERENTLY-ABLED -are those suffering from restriction or different abilities, as result of a mental, physical or sensory impairment, to perform an activity in th e manner or within the range considered normal for a human being; ECONOMIC ABUSE-denial of access/control over economic resources. This includes but is not limited to: denial or withdrawal of financial support, prohibiting th e woman to get a job to support the family while her partner refuses to get a job of his own, control over conjugal finances, sing family money for his vices, destroying household property and oth er abuses that pertain to economic conditions. FORCED LABOR AND SLAVERY-LIKE PRACTICES- an act of extracting of work or services from a woman, or the appropriation of the legal identity or physical person of a woman by means of violence or threat of violence, abuse of authority of dominant position, debtbondage, and deception. FORCIBLE ABDUCTION-an act of taking away or grabbing a woman against her will with lewd designs. FREELANCE one who pursues a certain profession without a long term commitment to any one employer GAD BUDGET - The portion of the city government s yearly general appropriation tha t is allocated for the implementation of its annual plan for gender and developmen t. GAD BUDGET POLICY -A policy in the Philippine General Appropriations Act that directs all agencies of government to allocate a minimum of 5 percent of their t otal annual budgets for gender programs, projects and activities. GAD FOCAL POINT - A person tasked to facilitate and monitor the implementation o f gender mainstreaming in each government agency. GAD-RESPONSIVENESS - The consistent and systematic attention given to the differences between women and men in society with a view to addressing structura l constraints to gender equality. GAY a homosexual male

GENDER the socially learned behavior and expectations associated with the two sexes. It also refers to the socially differentiated roles and characteristics a ttributed by a given culture to women and men.

GENDER AND DEVELOPMENT (GAD) PLAN -A systematically designed set of programs, projects and activities carried out by the city government over a peri od of time to address gender issues and concerns within the different sectors of society and c onstituents. GENDER MAINSTREAMING AND INSTITUTIONALIZATION - An approach that situates gender equality issues at the center of broad policy decisions, in stitutional structures and resource allocations, and includes women's views and priorities in making de cisions about development goals and processes. ILLEGAL RECRUITMENT-refers to victims who were recruited usually for a fee for various forms of local or foreign employment but ended up being victimized, i.e, no job

placement were effected or who actually job-placed but under exploitative/ oppre ssive conditions ( low salaries, long hours of work, etc.) and have lost their jobs. INCEST-sexual abuse committed against a child by a person who is related to her/ him within the fourth degree of consanguinity or affinity and who exercises influenc e, authority or moral ascendancy over her/ him. INVOLUNTARY PROSTITUTION-refers to victims who were recruited for various forms of employment such as receptionists, waitresses, entertainers, dancers, ho usehold help who are later on forced into prostitution. LESBIAN a homosexual woman

MAIL ORDER BRIDE-Filipino women matched for marriage to foreign nationals for a fee, profit or any material or economic consideration, through the use of the po stal services, trimedia, new information technology, and various modes o recruitment an advertising activ ities. MAIL-ORDER BRIDE SCHEME-the process of matching for a fee, profit or any material or economic consideration, Filipino women for marriage to foreign natio nals through the use of the postal services, tri-media, new information technology and various mo des of recruitment and advertising activities. MALICIOUS MISCHIEF-an act of causing damage to a woman obstructing her to perform public functions, or using any poisonous or corrosive substance on her. MENTALLY ILL -the lack of mental health making a person incapable of leading a normal life MUTILATION-an act of intentionally depriving a woman, either totally or partiall y, of some essential organ of reproduction or any other part of her body. NEGLECT-failure to provide, for reasons other than poverty adequate food, clothi ng, shelter, basic education or medical care so as to seriously endanger the physica l, mental, social and emotional growth and development of the child. PEDOPHILE-person with psycho-sexual perversion deriving gratification from child sexual abuse. PEDOPHILIA-An act of psycho-sexual perversion deriving gratification from child sexual abuse. PHYSICAL INJURY: SERIOUS PHYSICAL INJURY-an act by any person who shall wound, beat or assault a woman, shall be guilty of the crime of serious physical injuries inflicted on the woman shall have caused any of the following:

a) become insane, imbecile, impotent or blind b) have lost the use of speech r the power to hear or to smell, or shall have lo st an eye, a hand, a foot, an arm or a leg, or shall have lost the use of any such member, or shall have become incapacitated for the work in which she is habitually engaged; c) become deformed, or shall have lost any part of her body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which she is habitually engaged for a period of more than 90 days d) have caused the illness or incapacity for labor of the injured woman for more than 30 days. LESS SERIOUS PHYSICAL INJURY-an act of any person who shall inflict upon a woman physical injuries which shall incapacitate the woman for labor for ten day s or more, or shall require medical attendance for the same period.

SLIGHT PHYSICAL INJURY AND MALTREATMENT- an act by any person who shall inflict upon a woman physical injuries, which : a) shall incapacitate the woman for labor from one to nine days, or shall require medical attendance during the same perio d; b) do not prevent the woman from engaging in her habitual work nor require medical attenda nce; c) when the offender shall ill-treat another by deed without causing any injury. PHYSICAL VIOLENCE-an act of inflicting physical injuries, parricide, homicide, frustrated parricide, murder or homicide, infanticide, and abortion. PROSTITUTION-the sale, purchase and exchange of a woman s body for sexual exploitation for cash, profit or other considerations/ favors. PSYCHOLOGICAL VIOLENCE-an act or behavior committed against a woman, which destroys belief in herself, demeans, disempowers and causes mental and emo tional disturbance. This includes but is not limited to verbal abuse, economic abuse, a ccusation of infidelity, prolonged silence, taking children away from her, ordering the woman out of the house, infidelity of the partner, threats and coercion and sexual harassment RAPE- an act committed: a. By a man who shall have carnal knowledge of a woman under any of the following circumstances: i) through force, threat or intimidation; ii) when the women is deprived of reason, or otherwise unconscious; iii) by means of fraudulent machination or grave abuse of authority; and iv) when the offended party is under 12 years of age or is demented, even though none of the circumstances mentioned above be present. b. by any person who, under of the circumstances mentioned in par. 1 hereof, shall commit an act of sexual assault by inserting the penis into a woman s mouth or ana l orifice, or any instrument, object, or any other part of the body such as finger s or toes into the genital or anal orifice of a woman. REPRODUCTIVE HEALTH As defined in the International Conference on Population and Development and World Health Organization, and affirmed in the In ternational Women s Conference in Beijing, reproductive health is a state of complete physical , mental and social well-being and not merely the absence of disease and infirmity in all mat ters relating to the reproductive system and to its functions and processes, i.e. people are able to have a satisfying and safe sex life and have the capability to reproduce and the freedom to decide it, when and how to do so. SEDUCTION: SIMPLE SEDUCTION-an illicit sexual intercourse committed against a child who is

over 12 but under 18 years of age committed by means of deceit and persuasion. QUALIFIED SEDUCTION-an illicit sexual intercourse committed through persuasion of a child over 12 and under 18 years of age by a person In public authority, pr iest, home servant, domestic, guardian, teacher, or any person , who, in any capacity shall be entru sted with the education or custody of the child seduced. SEX the genetic and physical or biological identity of a person which indicates whether one is male or female. SEXUAL ABUSE-an act, which is sexual in nature, committed against a woman without her consent. Sexual abuses include but are not limited to the following: rape, sexual harassment, acts of lasciviousness, treating a woman as a sex object, making dem eaning and sexually suggestive remarks; physically attacking the sexual parts of her body, forcing her to watch pornographic video shows or see pornographic materials, catching the husba nd having sex

with another women in the marital bedroom; forcing the wife and mistress to slee p with the husband in the same room. SEX DISCRIMINATION-any distinction, exclusion, restriction or bias made on the basis of sex which has the effect or purpose of impairing or nullifying the reco gnition, enjoyment or exercise of women of human rights and fundamental freedom in the political, e conomic, social, cultural, civil or any other field. SEX TOURISM-a program organized by travel and tourism-related establishments and individuals, which consists of tourism packages or activities utilizing and offe ring escort and sexual services of a woman as enticement for tourists. This includes such servic es and practices offered during the rest and recreation periods for members of the military. SEXUAL ASSAULT-an act causing or attempting to cause a woman to engage involunta rily in any sexual act by force, threat or force, or duress. SEXUAL HARASSMENT-any unwanted or uninvited sexual attention that creates an intimidating, hostile or offensive environment on the school or workplace. It us ually occurs when the harasser is in a position of power or authority over the woman victim. It ca n also occur in the streets and public places when men ogle, whistle, or make obscene or degrading r emarks and gestures directed at women and young girls. THREATa) GRAVE THREAT-an expression and manifestation to do an act constituting a crime against the personhood, honor, and property of the woman victim and her family. b) LIGHT THREAT-an expression and manifestation to commit a wrong, not constituting a crime, against a woman. TRAFFICKING IN WOMEN-the act of recruiting and transporting a woman within and across national borders for work r services by means of violence or threat o f violence, abuse of authority or dominant position, debt- bondage, deception or other forms of co ercion. TRAFFICKING THROUGH RECRUITMENT FOR EMPLOYMENT-the acts of involving fraudulent recruitment and transportation of a woman within and across borders for work or employment resulting in slavery-like conditions and or sexual servitude. TRANSSEXUAL-a person of one sex who undergoes surgery to modify his/her sex organs to become physically like the opposite sex commonly because of psychologi cal identity with the other sex.

VERBAL ABUSE-use of degrading or insulting words resulting to loss of self-estee m, public humiliation, and loss of public dignity. VIOLENCE AGAINST WOMEN an act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm or suffering to wo men, including threats of such acts, coercion or arbitrary deprivation of liberty whether occur ring in public or in private life. It encompasses all forms of violation of women s rights, including t hreats and reprisals, exploitation, harassment and other forms of control. WHITE SLAVE TRADE-any person who, in any manner, or under any pretext shall engage in the business or shall profit by prostitution or shall enlist the servi ces of any other for the purpose of prostitution. WIFE CRUELTY-physical, sexual and psychological violence committed by a man against his legal wife, common law- wife, or live- in partner. CHAPTER II - DEVELOPMENT CONCERNS

ARTICLE I VIOLENCE AGAINST WOMEN Section I. Violence Against Women shall include but is not limited to: a. Physical, sexual and psychological violence occurring in the family regardless o f relationship, including battering, sexual abuse of female children in the househ old, dowry-related violence, marital rape, female genital mutilation and other tradit ional practices harmful to women, non-spousal violence and violence related to exploit ation. b. Physical, sexual and psychological violence occurring within the general communi ty, including rape, gang-rape, sexual harassment and intimidation at work, in educat ional institutions and elsewhere, trafficking in women and forced prostitution. c. Violation of the human rights of women in situations of armed conflict and, in p articular, murder, physical and psychological torture, systematic rape, sexual slavery and forced prostitution. d. Forced sterilization and forced abortion, coercive/forced use of contraceptives, prenatal sex selection, female infanticide, forced medical or psychological examinations without expressed approval of the concerned person. e. Buy and sell of a woman or exposure of any of her private body parts for profit f. Sexual harassment and assault of women in detention Section 2. Sexual Abuse shall include but is not limited to the following: a. When a man inserts or attempts to insert his penis into the mouth, genital or an us of a woman under any of the following: 1) through force, threat or intimidation; 2) by means of abuse of authority or relationship 3) when the offended party is deprived of reason or is otherwise unconscious 4) when the offended party is below eighteen years old, even though none of the above circumstances is present b. When a person who inserts part of his or her body other than the sexual organ, o r who

introduces any object or instrument into the genital or anus of a woman under an y of the situations stated in paragraph 1 c. When a person subjects another to have sexual intercourse with an animal under a ny of the circumstances stated in paragraph 1 or through any abnormal, unusual or igno minious sexual act. d. Sexual abuse in intimate relationships consisting of any form of forced sexual a ct by a partner to the other within intimate relations as defined in the anti-rape Law o f 2001 and Anti-VAWC Law (RA 9262) of 2004, such as those between women relations, married or unmarried, legally separated or separated in fact. e. Incestuous abuse committed by any person who has authority over a person by virt ue of consanguinity and/or affinity such as those perpetrated by father, mother, grand parent, brother, sister, whether whole or half blood, an uncle, aunt, nephew or niece, o r cousin to the fourth degree. Section 3. Partner/Wife Abuse and Battering. It constitutes the following kinds of behavior but is not limited to:

a. Physical Abuse and Battering this includes any form of inflicting wounds, pain, etc on any part of the women s body or the threat of physical violence. b. Sexual abuse and assault this includes physical attacks on the women s breast/genitals or forced sexual activity, accompanied by either physical violen ce or the threat of physical violence. c. Psychological abuse this includes threats of suicide, violence against the women of her family, punching, breaking or defacing or otherwise destroying the house or any part thereof or of personal belongings of a woman, threatening to take the children away, threatening deportation of wives with foreign citizenshi p, threatening to kidnap children or take them to a foreign country and forcing the victim to do degrading things, controlling the victim s lawful or usual activities , the use of foul and insulting words or statements, and threat of abandonment and expulsion such as forcing the wives to leave the conjugal swelling. This provision shall apply to any form of intimate relations such as common law relations, those between and among members of the same household; and includes men s control over women s resources (e.g. income, property, etc) d. Economic abuse this includes deprivation of women on economic resources, their generation and mobilization so as to create dependency and submissiveness to men and to any established structures of domination such as controlling over women s hard-earned money and using them for his vices, etc. Section 4. Trafficking in Women shall include the following but is not limited t o any person or association, cult, religion, or organization or similar entities to co mmit the following acts: a. Establish or carry on a business for the purpose of matching women for marria ge to foreigner either on a mail-order basis or through personal introduction or cyberspace; b. Advertise, publish, print, or distribute, or cause the advertisement, publica tion, printing or distribution of any brochure, flyer or propaganda material calculate d to promote the above-mentioned prohibited acts for profit or advantage; c. Solicit, enlist, or attach/induce any woman to join any club, association or organization whose objective is to match women for marriage to foreigners either on a mail-order basis or through personal introduction or cyberspace or any form which facilitates the act of solicitation; d. Use the postal service, cyberspace or satellite TV to promote the abovementio ned prohibited acts; e. To buy or sell a woman, or any of her body parts for profit; or to use her bo dy by any pretext; to be used for experiments, research or the like without her consen t; f. To buy or engage the services of a prostituted woman

g. Threaten or use violence and force a woman to become a mail-order bride; h. Lease or sublease, use or allow to be used any house, building or establishme nt for the purpose of trafficking in persons; and i. Organize, produce or distribute pornographic materials that promote traffic in persons.

Section 5. Sexual Harassment . Sexual harassment shall be unlawful in the employment, education or training environment as prescribed in RA 7877. Section 6. Other Forms of Sexual Harassment. Other than the definition provided by RA 7877, the following constitute sexual harassment some of which are covered by the Revised Penal Code under Acts of Lasciviousness: a. persistent telling of offensive jokes such as green jokes or other analogous statements to someone who finds them offensive or humiliating; b. taunting a person with constant talk about sex and sexual innuendoes; displaying offensive or lewd pictures and publications in the workplace; c. interrogating someone about sexual activities or private life; during interviews for employment, scholarship grant of any lawful activity applied for; d. making offensive hand or body gestures at someone; e. repeatedly asking for dates despite verbal rejection; f. touching, pinching or brushing up against someone s body unnecessarily or deliberately; g. kissing or embracing someone against her will; h. requesting sexual favors in exchange for a good grade, obtaining a good job or promotion, etc.; i. cursing, whistling or calling a woman in public with words having dirty connotations or implications which tend to ridicule, humiliate or embarrass the woman such as puta , peste , pokpok ; j. any other unnecessary acts during physical examinations; k. requiring women to wear suggestive or provocative attire during interviews such as job hiring, promotion, admission; and l. any expression of gender bias against a person with the intention to embarrass, humiliate, stigmatize. Section 7. Pedophilia . This form of sexual perversion shall include the followin g acts but shall not be limited to the following: a. when the offender shall have sexual intercourse with a child; b. when the offender shall have anal intercourse with a child; c. when the offender does other sexual acts such as fondling, kissing the private parts of a child or taking photographs/video of the same for pornography; d. when the offender shall have in possession of pornographic photographs/videos of the same. Section 8. Commercial Exploitation of Women/Men and Girls/Boys. It shall be unlawful for any person to sell or market women s and girl s bodies in various forms of packaging. These include but are not limited to the following: a. Prostitution which is selling a woman s body mainly for sex;

b. Printing, publication, display, and distribution of pornographic scenes on movies/TV shows, trailers, posters, billboards and other materials and literatur e that treat women/men and girls/boys as sex objects and commodities; c. Pornographic and indecent shows depicting women/men and children as sexual objects either in nude or provocative gestures; and/or d. Live shows where women or children are influenced or forced to dance or do naked shows in public or private places for various purposes. Section 9. Non-discrimination of gays, lesbians, bisexuals, and transgenders. It shall be regarded a violation of human rights to discriminate against any person on the basis of her/his sexual preference or orientation for employment, participation in city d evelopment programs and projects, and/or other family or community activities. ARTICLE II SUPPORT SERVICES FOR VICTIMS OF VAW Section 10. Comprehensive Support to Women-survivors of violence. The city government shall provide comprehensive support to women-survivors of violence in accordance with RA 9262 and the written protocol for the management of VAWC cases. Such wom en shall be registered with the City Social Welfare Office or any office established for this purpose. Section 11. Court hearing of rape cases, Incest and other forms of Violence agai nst Women All investigations/hearings involving rape cases and other forms of violen ce against women conducted in police stations, prosecutor s offices and trial courts shall re cognize and allow the victim s support group to be present as observers and, at the same time, to provide moral support and ensure the protection of the victim s privacy. Section 12. Support services for women employed in the entertainment industry and/or engaged as freelance, both for entertainment and sex -Women in the entert ainment industry are those women employed or engaged as freelance in establishments iden tified as places of amusements and shall include, but not limited to nightclubs or day clubs, coc ktail lounges, super or family clubs, karaoke and videoke bars, beer houses/gardens, fast food centers, resorts which show TV/cable programs, films, movies, sport shows either by direct hook-u p or via satellite and other places of amusement where one seeks admission to entertain o neself. The city government shall provide basic services and the protection against sexu al abuse and violence for women in the entertainment industry, but are not limited to, as follows:

Issuance of health cards, weekly smearing as STI screening, provision of medicin es and IEC. ARTICLE III POLITICAL AND PUBLIC SPHERE PARTICIPATION OF WOMEN Section 13. Women s participation and representation in the Barangay and City Development Councils and Local Special Bodies Both the city and barangay develop ment councils, and Local Special Bodies shall ensure that at least one-third (1/3) of its members is composed of women in recognition of their considerable leadership and involvemen t in various development efforts and initiatives. Both the city and barangay development coun cils shall undergo capacity building for gender-responsive development planning to ensure t hat all plans, programs and projects are gender responsive. Section 14. Promoting gender balance at all levels of Local Government positions The city government shall ensure that all qualified women and men have equal opp ortunity to assume key positions at all levels of local government, whether elective or appo intive. This shall form part of the city government s efforts to eliminate barriers to women s particip ation in the public sphere.

Section 15. Organization of Barangay Gender and Development Coordinating Committees All barangays shall establish their respective BGADCC to ensure that gender issues and concerns are incorporated and addressed at the barangay level and ref lected in barangay development plans. All women s organizations with mass membership at the community level shall be represented in the committee as a cluster. This committ ee shall appropriate at least 5% GAD budget as institutionalized and mandated by law. Section 16. Marking significant days for Women s Action The Month of March shall be celebrated as Women s Month. There shall be a coordinated city and barang ay level activities for women to be highlighted with the State of the Women Address by th e city mayor reporting all accomplishments and initiatives to promote the status of women in Surigao City. A committee for this activity should be convened and spearheaded by the City GAD t eam chaired by the Committee on Women and Family Welfare of the SP. Section 17. March 8 as International Women s Day March 8 as International Women s Day shall be declared as a special day for all women in Surigao City throu gh an Executive Order. Section 18. Day of Action for Breast Cancer Awareness The city government shall set a day in the month of March to organize information campaign activities on b reast cancer. A coordinated city and barangay level activities shall be set and spearheaded by t he City Health Office to promote consciousness on breast cancer. Section 19. Girl-Child Week The city government shall set one week in October to

organize activities to celebrate the Girl Child Week. It shall be spearheaded by the City Social Welfare Office and the Division of City Schools. Section 20. International Day of Action for Women s Health May 28 shall be marked as the International Day of Action for Women s Health, when issues and conc erns relative to the protection and promotion of women s health shall be examined, deli berated and addressed. A coordinated city and barangay level activities shall be set and spe arheaded by the City Health Office. Section 21. International Week of Action Against Violence Against Women (VAWC) The city government shall organize various events and activities to comme morate the Campaign to end violence against Women and children every November 25-December 1 2 , culminating on International Human Rights Day. The activity shall be spearheaded by the City GAD Team. Section 22. Surigao City Gender and Development Summit The city government shall set March 31 to hold a Gender and Development Summit. The City GAD Coordin

ating Committee shall manage and coordinate the activities and affairs of the summit f ocusing on (a) the current situation of women in Surigao City; and (b) gender issues and concer ns and how these can be addressed. This summit shall come up with priority issues with their resp ective action points to be disseminated and proposed for adoption at the city and barangay cou ncils. ARTICLE IV CULTURAL IDENTITY OF WOMEN Section 23. Accessible and culturally appropriate schools / alternative learning systems for indigenous and Muslim communities The city government shall provide accessible and culturally appropriate schools /alternative learning systems to i ndigenous communities, in coordination with the Division of city schools. Section 24. Unprejudiced Recognition of indigenous and Muslim culture Indigenous and Muslim women and men shall be allowed enrolment in schools and co lleges and

enjoy employment opportunities without prejudice to their cultural identity / af filiation, and where no birth and marriage certificates are issued as evidence thereto. Section 25. An Integrated Development Program for Indigenous/Muslim communities -The city government shall adopt an integrated development program f or indigenous/Muslim communities that shall facilitate empowerment, incorporating a ctive support for the preservation of the indigenous/Muslim communities knowledge of the enviro nment. ARTICLE V LABOR AND EMPLOYMENT Section 26. Wage and Benefits for Women Every employer shall comply with the minimum wage as stipulated by the Regional Wage Board or as stipulated by pertin ent legislation passed by Congress and shall grant all benefits to women employees, in both publ ic and private sector, such as maternity leave, sick and vacation leave, retirement and other b enefits provided by law. The same provision shall apply to benefits covered by the Collective Bargai ning Agreement (CBA), if any, between the concerned employees union and management. Section 27. Maternity Leave benefits for married or unmarried Mothers in the Private Sector Every pregnant employee in the private sector, whether married or unmarried, is entitled to Maternity leave benefit up to sixty (60) days in case of normal d elivery or miscarriage and seventy-eight (78) days in case of caesarian section delivery as mandated by law under RA 8282, with benefits equivalent to 100% of the average daily salary cred it of the employee as defined by law. Government employees are also entitled to maternity leave benefit as mandated by Sections 12, 13 and 14, Rule XVI of the Civil Service Commission Resolution No. 91-1631. Section 28 . Paternity Leave benefit as Incentive for Fathers meaningful Participation in the care of the new born child in the public/private sector Pat ernity leave benefit is granted to all married male employees in the public and private secto r as mandated by law under RA 8187. The paternity leave shall be for seven (7) calendar days with full pay consistin g of basic salary and mandatory allowances fixed by the Regional Wage Board, if any, provid ed that his pay shall not be less than the mandated minimum wage. Section 29. Increase Reproductive health benefits for Women A yearly twelve day menstrual/menopausal leave for women employees in public/private offices and commercial/industrial establishments located in the city, who have rendered at l

east one (1) year of continuous service, provided that this benefit shall be mutually agreed upon in the Collective bargaining Agreement (CBA) between the concerned employees union and management. Provided, further, that this benefit shall be taken one day each month for menst rual or menopausal leave. Section 30. Orientation on Sexual Harassment All government agencies and private

offices, commercial/industrial establishments located in the city shall conduct regular orientation on sexual harassment for their respective employees. Section 31. The city government and all private offices and commercial/industria l establishments shall set up/create their own Committee on Decorum and Investigat ion (CODI) including the promulgation of the Implementing rules and Regulations or policy o n sexual harassment that will provide/prescribe procedure for the investigation of sexual harassment cases and administrative sanctions covering all city officers and employees in accorda nce with the provision of RA 7877 and the Civil Service rules and Regulations on sexual haras sment. Section 32. Setting up Grievance Machinery A grievance committee shall be set up

in all government and private offices, commercial/industrial establishments loca ted in the city, to

act on complaints/cases related to various forms of discrimination against women in the workplace such as hiring, job training, promotion and the like. Section 33. Equal access to Job Training and Promotion No woman shall be deprived of job training and promotion on account of her gender, age, ethnicity, creed, religion and civil status. Section 34. Facilities and support systems for women The city government shall ensure the occupational safety and health of women employees in both government and private offices and commercial/industrial establishments in appropriate cases, it shall require employers to: o Allow flexi-time for working mothers to allow them to breast feed their infants and bring their infants to the health centers/clinics for immunization and/or medica l check-up, and to avail of pre and post natal services. o Establish separate toilet rooms, lavatories for men and women. o Establish homecare rooms/corners in the workplace to cater to breastfeeding/chil d care for working mothers o Establish a child minding center within the city hall compound Section 35. Household-based Workers or Women in the Informal Sector The city government shall ensure that social protection shall be accorded to women workin g in the informal economy. These are women vendors, sewers, laundry workers and related o ccupation. Organized home-based workers may avail of social security and employees compensat ion benefits and Philhealth benefits upon proper documentation and registration with the Social Security System and Philhealth. The city government, through the City Social Welfare Office and the City Health Office or any designated office, shall conduct an inventory of all women involved in th e informal sector for consultation and provision of appropriate support services for the sector. Section 36. Barangay-based Househelp support All barangays in Surigao City, through the Barangay GAD Coordinating Committees, shall conduct compulsory educa tion for both househelpers and househelper employers on gender sensitivity and Laws again st VAWC. An administrative sanction shall be imposed to any barangay council which fails to comply with this provision. Section 37. Women in the entertainment Industry women engaged in legitimate occupations in the entertainment industry such as singers, dancers, guest relati ons officers and

receptionists, shall be recognized as wage earners and shall receive minimum wag e and benefits afforded to women workers and shall render services as set in the job contract a nd only in the place of work as specified in the business permit of the establishment concerned . Employment of minors, that is, persons below the age of 18 in the entertainment industry, as defined in this code, is strictly prohibited in accordance with RA 7658 Section 38. Police Operations in Entertainment Establishments All police operations or raids conducted in any entertainment establishment must be underta ken with utmost care and respect for human rights. Police officers shall not take this opportuni ty for sexual exploitation or extortion from entertainers and other concerned parties. Violati on of this provision is punishable under the Revised Penal Code and other related laws. Section 39. Tax incentives for business entities de tax incentives to business entities, as follows: The city government shall provi

o Any amounts used for the establishment, maintenance, operation of a child mindin g center/breastfeeding corner shall be tax-deductible; o Annual tax credit per child regularly served for at least one year in the center

o Annual tax credit per women extended with maternity leave benefits Section 40. A monitoring system on labor standards A mechanism shall be installe d by the City GAD Team to monitor all offices, agencies and establishments or comp anies violating Labor Code provisions other applicable laws and provisions of this ordinance; pr epare regular reports to concerned departments and recommend appropriate actions. ARTICLE VI WOMEN S HEALTH RIGHTS Section 41. Reproductive Health -The city government shall adopt the reproductiv e health care approach at all levels of health care delivery, which is not limited to family planning and child bearing or safe motherhood but is widened to include sexuality, gender power relations and fertility regulations. Section 42. Health Care Delivery Quality health care and services shall be acces sible to all women and men regardless of age, sex, creed, religion and ethnicity in Su rigao City. No hospital in the city shall deny women and men living below the poverty line o f reproductive health services. A certificate of indigency shall be issued by the city social welfare worker for the purpose of verifications. In case of emergency, a social worker or any authorized personnel shall be desig nated to conduct rapid appraisal of the socio-economic status of the patient for admissio n purposes. Section 43. Upgrading of health care facilities -The city government shall ensur e regular expansion and upgrading of health care facilities to ensure their access ibility to all women and men. Section 44. Gender-sensitive Women and Children Protection Unit (WCPU) The city government shall establish a gender-sensitive crisis intervention unit at a ll levels of health care, especially at the tertiary level, and shall provide service training to al l health and other allied personnel who shall be assigned in this unit. Section 45. Gender-fair approach to Premarital Counseling Program -The City Government shall ensure the conduct of gender-sensitive approach to pre-marital counseling as a requirement in the application for marriage licenses through offices/agencies co ncerned. ARTICLE VII WOMEN S EDUCATION RIGHTS

Section 46. Conduct of Regular gender sensitivity training for all teachers at a ll academic levels The division of city schools in coordination with the City GAD T eam shall conduct and incorporate gender sensitivity orientation and issues relating to VA WC in teachers orientation seminars and PTA meetings conducted before classes start at the begi nning of the school year. Section 47. Developing gender-fair Educational Materials The division of city schools shall ensure that all educational materials developed by the city school s officials and the private sector are gender fair and do not portray stereotyping of roles for wome n and men or girls and boys. It shall conduct regular monitoring and review of existing educational materials to ensure that these are gender sensitive and gender fair. Section 48. Promotion of gender-sensitive Curriculum All public and private schools in Surigao City shall actively promote gender-sensitivity in their subje ct/course curriculum and gender-fair socialization for school pupils. The division of city schools shall also

ensure that city school officials and the private sector professional school cou nseling and career education programs are gender responsive. Section 49 Gender-responsive alternative learning systems for youth and adults The division of city schools in coordination with the TESDA shall conduct non-fo rmal classes for women and men desiring to engage themselves in functional and practical educatio n. Section 50. Scholarship program for poor but deserving students The city government shall provide poor but deserving students with the opportunity to pur sue a college education, without prejudice to sex, ethnicity and creed. Section 51. Access to science and women-friendly alternative technology The city

government, through the City Agriculture Office and in coordination with the Dep artment of Science and Technology and other line agencies, shall establish a science and wo men friendly alternative technology center for rural women in each barangay. ARTICLE VIII SOCIO-ECONOMIC BENEFITS FOR WOMEN Section 52. Gender-responsive and Comprehensive Livelihood Program The city government shall allocate funds for socio-economic programs for poor women and m en that include gender-responsive livelihood skills and values training seminars. The co mprehensive livelihood program shall include feasibility study, financing, monitoring, susta inable paying scheme and incentives. Section 53. Social Lending Program The city government shall establish a social lending program to cater to low income families with interest rates similar to t hose availed by members of cooperatives. Section 54. Access to Investment and Loan Programs Loans shall be extended to women engaged in small to medium scale enterprises as well as to displaced indus trial workers under the principle of self-reliance and hard work. Section 55. Low-cost Basic services The city government shall set up appropriate

systems that will ensure access of women and men to quality low-cost housing, sa fe water, electricity, communication, transportation and basic commodities. Section 56. Monitoring of Standardization of Prices of basic Commodities The cit y government through the Local Price Coordinating Council (LPCC) shall ensure fair marketing practices and standard pricing of basic commodities through regular price monito ring in local markets.

Section 57. Acquisition of land by women-headed households and landless families Idle lands shall be distributed to qualified women-headed households and landles s families interested and committed to till the land upon execution of a memorandum of agre ement between the parties concerned. Ownership of such lands shall be granted to women-headed households and landless families after ten years of continuous tillage. Support services sh all be delivered by the City Government, Land Reform Office and other agencies as part of the Memora ndum of Agreement. Section 58. Promotion of and support to land-based projects The city government shall promote and support land-based projects to ensure food security, utilize a ppropriate technology and instill collectivism ARTICLE IX ON SPECIAL SECTORAL CONCERNS (DIFFERENTLY-ABLED, ELDERLY, WOMEN IN DETENTION AND MENTALLY ILL)

Section 59. Advocacy on Differently-abled Women s Rights and Support Mechanisms for Education and Employment The city government shall initiate activ e advocacy on the rights of differently-abled women and girl-children; establish s pecial education classes for them through the Division of City Schools, which shall offer appropr iate curriculum for their specific needs; and develop creative employment opportunities for them in recognition of their differentiated conditions and full potentials as persons. Section 60. The city government, through the City Engineering Office, shall ensu re that all educational and commercial buildings are provided with ramps and toilet faci lities for differently-abled persons. Section 61. The city government shall implement RA 7277 or the Magna Carta for Disabled Persons that reserves five percent (5%) of contractual or emergency pos itions for differently-abled persons. Section 62. Mobilizing support for the differently-abled persons, the elderly an d the mentally-ill It shall be the duty of the City Social Welfare and Development Off ice to organize the differently-abled persons and the elderly in the community in order to advan ce their practical and strategic interests and needs and to monitor and report cases of harassment and discrimination. Section 63. Mobilizing support for the mentally ill-It shall be the duty of the City health Office, in coordination with the City Social Welfare and Development Offi ce, to refer mentally-ill persons to appropriate authorities and institutions, and to facilit ate their return to their respective families for domiciliary care. Section 64. Support to women in detention The rights of all women detainees shal l be protected by ensuring them of a : (a) speedy trial of their cases; (b) an app ropriate program to respond to their specific needs and problems as detainees; (c) a separate physic al structure and space provisions for detention and rehabilitation; and (d) provision of legal se rvices. ARTICLE X MASS MEDIA Section 65. Gender-sensitive portrayals in media. The city government shall oblige all media institutions to be sensitive in the portrayal of women s and men s role, encourage positive images of women and discourage sexist and homophobic print ma terials and broadcast programs.

Section 66. Gender sensitivity training for Local Media Practitioners. The city government shall encourage and support the conduct of gender-sensitivity wo rkshop training for local media practitioners at the community level and tertiary schools locate d in the city. It shall likewise provide full support to media practitioners and freelance/indepen dent media productions that advocate gender-sensitive issues through various forms of incen tives and recognitions. Section 67. Regulation of Internet cafes and computer shops. The city government shall regulate the operation of internet service-providing establishm ents and entertainment computer shops in order to curb and prevent the proliferation of a ccess to cyber sex pornography of minors. Section 68. Prohibition of sale and lease of pornographic video materials (i.e. CDs, DVDs). The city government shall prohibit the sale and lease of pornographi c video materials that are degrading to women and harmful to minors in any and all estab lishments Section 69. Regulation of Media coverage during police raids on entertainment establishments-The city government shall regulate the media covera ge of

entertainment establishment raid operations for the prevention of exploitation o f women and men entertainers and their unnecessary body public exposure and humiliation. ARTICLE XI WOMEN AND CHILDREN SUPPORT SYSTEMS Section 70. The city government shall implement systems and programs that are anchored on the United Nations Convention on the rights of the Child which stipu lates the promotion and protection of children s rights to survival, development and protect ion in national and local laws which now include the New Family Code and the Child Youth Welfare Code. Section 71. Gender-responsive and Child-friendly Day Care Center in every barangay The city government shall ensure that child friendly and gender-respons ive day care centers are set up in every barangay to provide parents support facilities for t he care of the children when they go to work or school. The centers shall ensure that the basic early child education curriculum in the centers promote gender fair socialization; encourage both fathers and mothers to participate in the development, care and nurturing of their children; and allow the children to learn and respect their rights to fully enjoy their childhood. Section 72. Gender-responsive and Child friendly Child Minding Center in the city government The city government shall ensure that a child friendly and g ender responsive child minding center is set up within the compound of the city hall t o provide its women employees with support facilities for the care of the children when they g o to work. Section 73. Shared Parenting and Responsibilities The city government shall advocate that all fathers and mothers have both the moral obligation and respons ibility in assuring the rights and well-being of their children, such as caring and nurturing, regar dless of sex, and physiological and psychological conditions. Section 74. Solo parents The city government, through the City Social Welfare an d Development Office, shall issue a Solo Parent Identification Card, which shall e ntitle a solo parent to a comprehensive package of programs/services, including livelihood, se lf-employment and skills development, employment-related benefits, psychosocial, educational, health and housing services, in coordination with national agencies and non-government orga nizations. ARTICLE XII GENDER AND DEVELOPMENT

Section 75. GAD Coordinating Committees. The Gender and Development Coordinating Committee (GADCC) of the city government of Surigao, shall be desig nated as the major body that will initiate GAD programs, projects and activities through the various city departments and instrumentalities. It shall work in close coordination with the Gender and Development Resource and Coordinating Office and the GAD Focal Points in every department/office and barangay. Section 76. GAD Plan. The city government and barangay councils shall formulate their three-year GAD Plan within the context of their local development plans and the overall national GAD policies and pronouncements. The GAD Plan shall identify specific activities and projects addressing existing and emerging gender issues at the local level. The GAD Focal Point shall initiate the preparation of the GAD Plan. Section 77. GAD Budget. The city government and barangay councils shall allocate 5% of its total annual appropriation to be used for priority programs, projects and activities that meet the goals of the GAD Plan. Further, up to 30% of the city government s Overseas De velopment Assistance (ODA) shall be mobilized to fund GAD programs, projects and activitie s, in accordance with RA 7192.

Section 78. GAD Planning and Budgeting. The City GAD Team shall conduct periodic orientation workshops on the guidelines on GAD Planning and Budgeting among the Gad Focal Persons from the departments/offices and Barangays. Section79. Gender Sensitization and Training. A critical process of learning and unlearning by an individual, female or male, of the causes and effects of the cu lturallydetermined roles for women and men. All legislators, top level officials, program managers and employees in the city government, schools, offices, establishments within the city of Surigao shall be provided with gender sensitivity orientation and training to equip them with theoretical and p ractical knowledge on gender issues and concerns. Section 80. The city government, schools, offices and establishments shall devel op assessment tools for gender biases. Section 81. Support to gender studies. The GAD budget shall be used to support gender-related documentation, researches and information dissemination that shal l form part of the city s database program development. Section 82. Production, Popularization and Campaign of Gender Fair Materials. The city government shall actively promote and publish popular forms of gender f air materials through all concerned departments and local agencies/networks. Section 83. Integrated Gender-sensitive and Environment-friendly Zonification Pl an of the City of Surigao. An integrated gender sensitive and environment friendly zonification plan of the city of Surigao shall constitute, but is not limited to the followin g: a. The city government shall ensure that relocation of communities shall not depriv e women and men of their sources to livelihood. b. Relocation sites shall not contribute to an increase in women s burden in economic , home and social production. Section 84. Community-based Environment Plans and Programs. Both men and women shall participate in pollution control, zero-waste technology development and management, and preservation of the city s land and aquatic resources. Section 85. Gender sensitive natural resource-based management programs. The city government shall engage itself in the development of gender-sensitive natur al resource based management programs.

Section 86. Role of Women and Men in Environmental Impact Assessment Projects. The city government shall promote the active role of women vis--vis men in enviro nmental impact assessment of projects. Instruments for environmental impact assessment s hall consciously determine sex-disaggregated data. Section 87. Promotion of Appropriate Technology. The city government of Surigao shall actively promote alternative technologies that are appropriate and safe fo r women. Section 88. Sufficient Budget for Basic Social Services. A sufficient amount sha ll be allocated from all sources of funds for the basic social services for women and children in difficult circumstances. Section 89. Investment and Loans. The city government shall hold consultative assemblies with women NGOs/Pos in establishing contracts for loans and investmen ts to clarify implications on women s welfare and development at the barangay level.

Section 90. Overseas Contract Workers (OCW) Wives and Children Support. The city government shall establish an OWWA desk that would facilitate the immediate provision of assistance and support to OCW families, especially wives and children. Section 91. Special Course on OCW. A special course on overseas contract work primarily to orient women on the issues and concerns relative to migration shall be conducted in all barangays, to be organized by their respective Barangay GAD Coordinating Com mittees. Section 92. Special Training for Lupong Tagapamayapa. All training courses for Barangay Lupong Tagapamayapa and Barangay Pulis Laban sa Krimen (BPLK) shall inc lude gender and development basic orientation. Section 93. Gender and Population. The City Population Office shall review and redesign the Population Development Program, giving due consideration to the Rep roductive Health Framework. Section 94. Training on Nontraditional Occupation. Women shall be given opportunity to acquire training on non-traditional occupation specially in the f ield of science and technology. BOOK II - FINAL PROVISIONS CHAPTER 1 - PENAL PROVISIONS ARTICLE I VIOLENCE AGAINST WOMEN AND CHILDREN Section 1. Violence Against Women. The crime of violence Against Women shall be penalized in accordance with the provisions of RA 9262 and the Revised Penal Cod e. Section 2. Soliciting Sexual Services. It is unlawful for a person to solicit a woman s service for sexual purposes as gift, representation, public relations, or as an act of goodwill regardless of whether the solicitor profits or not from such act without prejudi ce to the provisions of the Revised Penal Code and RA 9208 or the Anti-Trafficking in Persons Act. Any person may file complaint together with the affected women to the proper cou rt. Violators of this Code shall suffer the penalty in accordance with RA 9208. Section 3. Trafficking in Women and Children. Any person or agency, who, with th e use of force or deceit, lures a woman or boy/girl child to work abroad or in oth er provinces or cities in the Philippines for a particular job on a promise of high fees, but in stead landed on prostitution, domestic help or other odd jobs. Violators of this provision shall be penalized in accordance with the penal provisions under RA 9208 or the Anti-Trafficking in Pe

rsons Act, RA 7610 or the Law on Protection Against Child Abuse, RA 7877 or the Anti-Sexual Ha rassment Law, RA 8353 or the Anti-Rape Law, and the Revised Penal Code. Section 4. Rape Rape is committed by having carnal knowledge of a woman under an y of the following circumstances: a. by using force b. when the women c. when the women Republic Act 7659 or intimidation is deprived of reason or is otherwise unconscious; and is under twelve years of age or is demented. provides that the crime of rape shall be punished by reclusion

perpetua. However, the penalty of death shall be imposed if the crime of rape is committed with any of the following circumstances: a. When by reason or on the occasion of the rape, the victim has become insane. b. When by reason or on the occasion of the rape, a homicide is committed.

c. When the victim is under eighteen (18) years of age and the offender is a par ent, ascendant, step-parent, guardian, relative by consanguinity or affinity within t he third civil degree or the common law spouse of the parent of the victim. d. When the victim is under the custody of the police or military authorities. e. When the rape is committed in full view of the husband, parent, any of the ch ildren or other relatives within the third degree of consanguinity. f. When the victim is a religious or child below seven (7) years old g. When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) h. When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency. i. When by reason or on the occasion of the rape, the victim has suffered perman ent physical mutilation. Intimate or marital relations shall not be a legal impediment to any complaint a gainst acts of rape. Further, marital relationships shall not serve as a legal impediment to the prosecution of rape where spouses are legally separated or there is a separation in fact for at least six (6) months. Acts of Sexual Harassment in the employment, Section 5. Sexual Harassment education or training environment shall be penalized in accordance with the prov isions of RA 7877, otherwise known as the Anti-Sexual Harassment Act of 1995. Section 6. Prostitution Sex Trade. An agency or person who shall engage in keepi ng women for sex for a fee shall suffer the penalty in accordance with the Revised Penal Code. Section 7. Pornographic and Indecent Shows Any person or agency which engages in shows depicting men and women as sex objects in private or public places or u nder scandalous circumstances shall be persecuted under the revised penal code, particularly und er PD 969 or other appropriate laws. Section 8. Live shows It shall be unlawful to influence or force a women to danc e or do a show naked in public or private places for commercial or entertainment purp oses. Penalty for violation of this provision shall be in accordance with existing laws. Entertainment establishment that promotes prostitution as defined in this Code s hall suffer the penalty in accordance with RA 7610, RA 9208, RA 7877, RA 8353, and RA 7658. Section 9. Sex Tours. No hotels, beach resorts, sauna baths and related establis hments shall be allowed to operate as conduit for sex tours. Cancellation of business p ermit, a fine of Five Thousand Pesos (P5,000.00) and imprisonment of one year shall constitute th e penalty for

violation, at the discretion of the court. Section 10. Beauty Contests. Beauty contests which tend to commodify, abuse, humiliate and treat other persons, specially women and homosexuals as sex object s shall strictly be prohibited in schools, communities, barangays and by the City government in i ts special celebrations, but in their stead the projection of women s strengths and potential s, especially with regard to indigenous and culturally relevant forms shall be encouraged. Those who initiate the conceptualization and implementation of the beauty contes t shall be subjected to a penalty consisting of the following: For business entities: a) Cancellation of business permit; b) Fine of Five Thous and Pesos (P5,000.00), c) Others, as prescribed in the Implementing Rules and Regulations of this Code. For representatives of agencies, departments or units of the local government of Surigao City: a) Suspension for one month without pay; b) Fine of Five Thousand Pesos (P 5,000.00), c) Others, as prescribed in the Implementing Rules and Regulations of this Code.

For educational institutions, charity or welfare organizations: a) Cancellation of license to operate; b) Fine of Five Thousand Pesos (P5,000.00); c) Others, as prescribed in the Implementing Rules and Regulations of this Code. Section 11. Fund-raising Initiative Defined. It refers to any activity, whether in whole or in part, integrated in any raffle draw, benefit or disco dance, premier showi ng or movies, or any similar fund-raising undertakings where women are used as donor prize, subst itute for prizes won, a companion package for an award, prize or recognition, or any manner, acti vity, come-on display, or exhibition which depicts a woman as central, partial, or special foc us in order to raise funds. All fund-raising initiatives as defined in this Code shall be strictly prohibite d in Surigao City. Violators of this provision shall pay a fine of Five Thousand Pesos (P5,00 0.00) or imprisonment of six (6) months or both at the discretion of the court. Section 12. Women and Girls in Detention. No women or girl child shall be kept b y any PNP/military personnel in police/military detachment/checkpoint or any analo gous quarter for purposes of comfort and may not be deprived of basic social service in deten tion. Violation shall be penalized through summary dismissal proceedings of the local AFP/PNP an d/or at the discretion of the local Police Law Enforcement Board. Section 13. Forced Marriage. No woman shall be forced to marry on the basis of vitiated consent. Any person or representative committing fraudulent or coercive act to cause and affect a forced marriage shall be liable under this Code by a fine of Five Thous and Pesos (P5,000.00) or an imprisonment of one year, or both, at the discretion of the Co urt. Section 14. Surveillance of Entertainment establishments -Any person or agency involved in trading women s bodies such as (a) prostitution; (b)printing, publicat ion, display and distribution of pornographic scenes on movies/TV shows, trailers, posters, billb oards and other materials and literature that treat women as sex objects and commodities; organi zing production of pornographic and indecent shows depicting women and girls as sexual objects e ither in nude or provocative gestures; and mounting live shows where women or girl-child are infl uenced or forced to dance or do naked shows in public or private places violate human righ ts and shall be dealt with under the law. Failure of the City Interdepartmental Task Force to su bmit weekly report shall be subjected to administrative sanction.

Section 15. Pedophilia.

Any act falling under the definition of pedophilia shall

constitute a violation of this Code. Any violator of this provision shall be pen alized in accordance with the Revised Penal Code and other existing laws. Additional penalties for Pedophiles shall be as follows: a. payment of moral damages to the offended child or her/his parents; b. if the offender is an alien, deportation after serving his sentence and paying h is civil liabilities; he shall also be barred from re-entering the Philippines. ARTICLE II LABOR AND EMPLOYMENT Section 16. Equal Access to Job Training and Promotion. No woman shall be deprived of job training and promotion on account of her gender, age, ethnicity, creed, religion, and civil status. Violations by private employers shall constitute a fine of Fiv e Thousand Pesos (P5,000.00) and temporary cancellation of business permit for the first offense, and Five Thousand Pesos (P5,000.00) fine and permanent cancellation of business permit fo r the second offense or as prescribed by the Court in accordance with penal provisions under the Labor Code. A government unit or agency head is liable with the penalty of three months susp ension and a fine of One Thousand Pesos (P1,000.00).

Section 17. Wage and Benefits for Women and Men. Every employer shall comply with the minimum wage as stipulated by the Regional Wage Board or passed by the Congress and shall grant all benefits to all women and men employees such as maternity/patern ity leave, sick and vacation leave, retirement, termination and other benefits provided by law. Violation by private employers shall constitute a fine of Five Thousand Pesos (P5,000.00) and a cancellation of business permit or as prescribed by the Court in accordance with penal provis ions under the Labor Code. A City government unit or agency head of office who violates this Co de shall be liable with the penalty of three months suspension and a fine of One Thousand Pe sos (P1,000.00). Section 18. Facilities and Support Systems for Women. The City government shall ensure the safety and health of women employees. In appropriate cases, it shall require employers to: a. Provide seats proper for women and permit them to use such seats when they ar e free from work and during working hours, provided they can perform their duties in th is position without detriment to efficiency; b. establish separate toilet rooms, lavatories and lounges for men and women and provide at least a dressing room for women; c. provide breast feeding corners for women in the workplaces. Violation by private employers shall constitute a fine of Five Thousand Pesos (P5,000.00) and the cancellation of business permit or as prescribed by the Cour t. Government unit or agency head of office is liable with the penalty of three mon ths suspension and a fine of One Thousand Pesos (P1,000.00). Section 19. Maternity Leave Benefits for Mothers in the Public and Private Secto r. Maternity leave benefits of sixty (60) days shall be extended accordingly to all women employees (public and private) who have rendered at least one year continuous service. Any employer who violates this provision shall pay a fine of Five Thousand Pesos (P5,000.00) and a suspension of business permit or license to operate for six (6 ) months. For local government department or agency, administrative sanctions shall be imposed. Section 20. Barangay Education on Gender Sensitivity. All barangays in Surigao City shall conduct compulsory training and education for barangay officials, hou se helpers, and house helper employers on gender sensitivity. An administrative sanction shall b e imposed to any barangay council which fails to comply with this provision. Section 21. Women in the Entertainment Industry. Women engaged in the entertainment industry shall be recognized as wage earners and they shall receiv

e a minimum wage and benefits afforded to women workers and shall render services as set in the job contract and only in the place of work as specified in the business permit of the establi shment concerned. Violation of this provision shall be subjected to a fine of Five Thousand Pesos (P5,000.00) or cancellation of business permit, or both, at the discretion of the Court. Section 22. Police Operations in Entertainment Establishments. All police operations or raids conducted in any entertainment establishment must be underta ken with utmost respect for human rights. Police officers shall not take this opportunity for se xual exploitation of or extortion from entertainers and other concerned parties. The City shall also regulate the media coverage of raiding activities. Violation of this provision shall be subjected t o an administrative sanction/action. Section 23. Orientation on Sexual Harassment. All government and commercial and private offices, agencies, establishments or companies located in the City shall conduct regular orientation seminars on sexual harassment for their respective employees.

Certificate of compliance shall be issued by the City Gender and Development Res ource and Coordinating Office or the designated agency. Establishments which fail to c omply with this provision shall pay a fine of not less than Three Thousand Pesos (P3,000.00). ARTICLE III HEALTH RIGHTS Section 24. Socialized Reproductive Health Services for All Hospitals. No hospit als in Surigao City shall deny a woman living below the poverty line of reproductive health services. Certificate of Indigency shall be issued by the city social worker. In cases of emergency, a social worker or any authorized personnel shall be desi gnated to conduct rapid appraisal of the socioeconomic status of the patient for admission purposes. Noncompliance of the Administrator of this provision shall be penalized in accor dance with penal provisions under RA 8344. ARTICLE IV SOCIOECONOMIC BENEFITS Section 25. Socialized Lending Program. All banks, financial/lending institution s and cooperatives shall open special windows for lending to women engaged in small to medium scale enterprises, including young women who lack access to traditional sources of col lateral. Money-lending institutions shall establish a socialized lending scheme friendly t o women subject to the following conditions: a. Based on cooperatives interest rates; b. Submission of a Certificate of Income-generating Activity of potential benefi ciary from her barangay. Failure to comply with this provision shall subject the concerned establishments to administrative sanctions. ARTICLE V SPECIAL SECTORAL CONCERNS Section 26. Barangay-level Sanction on Cases of Harassment Committed Against Differently-abled and Elderly Women, mentally-ill women All barangays in Surigao City shall formulate a barangay-level sanction on cases of harassment committed again st differentlyabled, elderly and mentally-ill women. Failure to comply with this provision shall subj ect the barangay council to an administrative sanction.

ARTICLE VI GENDER AND DEVELOPMENT Section 27. Gender Sensitivity Orientation and Training. All schools, offices, establishments or companies, departments and agencies including barangay officia ls of the local government shall initiate gender sensitivity orientation and training which shal l equip them with theoretical and practical knowledge on gender justice. Noncompliance of this pro vision shall require the concerned party to pay a fine of Five Thousand Pesos (P5,000.00) and issuance of warning by the Integrated Gender and Development Office. CHAPTER II PROVISIONS FOR IMPLEMENTATION Section 28. Powers and Functions of the City Gender and Development (GAD) Coordinating Committee The City GAD Coordinating Committee (GADCC) shall ensure the promotion of women s empowerment and equality/equity between women and men in the City:

and is primarily responsible for ensuring the sustained implementation of this C ity GAD Code. To achieve these, it shall perform the following powers and duties: a. Formulate and submit comprehensive medium term (three years) and annual integ rated GAD plans responsive to the needs and situation of women constituents that incor porate policies, programs, and activities (PPAs) that will uplift their conditions; b. Monitor and evaluate the implementation of local gender and development polic ies, programs, and activities through the conduct of regular review and evaluation of existing legislation, policies, and programs measuring the extent to which women s concerns are integrated in all aspects of life on the basis of equal opportunities with men; c. Recommend the adoption of appropriate policies, enactment of ordinances or pa ssage of resolutions that enhance the potentials and capabilities of women and men to implement GAD mainstreaming; d. Promote and support the establishment of a consultative mechanism to provide continuing dialogue between the City government and the women sector; e. Maintain and update a sex-disaggregated data bank through the conduct of the primary and secondary data gathering activities f. Work in collaboration with national and regional government agencies, NGOs, P Os, the private sector and institutions to ensure that women s concerns are brought in to the mainstream of all development efforts; g. Ensure that all City development program planning and implementation are gend er sensitive/responsive; h. Review and approve all GAD PPAs from barangay to city level prior to implementation to monitor if activities to be undertaken are in accordance with guidelines set forth; i. Create functional committees in the performance of its functions, as the need arises; j. Assist the Finance Committee, the Committee on Appropriations in the allocati on of the GAD Budget; k. Avail of educational and training seminars offered by NGOs/POs educational an d research institutions and other private sector initiatives that ma be helpful in the achievement of its goals; l. Represent the City in local and international women s conferences and for a per tinent to its other duties and functions; m. Gather and disseminate information on current developments and studies on GAD and related issues (i.e. gender and governance); and n. All other duties and functions that maybe mandated by its members deemed nece ssary to achieve its goals. Section 29. Function of the Gender and Development Resource and Coordinating Office (GADRCO). The Gender and Development Resource and Coordinating Office is

responsible for providing technical and administrative support to the GAD Commit tee in implementing this Ordinance. The GADRCO shall have the following functions to en sure effective and consistent implementation of the provisions of this Ordinance: a. Act as a Secretariat for the City GADCC and will provide administrative, oper ational, and coordinative support to the body, including document GAD meeting proceedings ;

b. Assist in the monitoring of GAD plans and PPAs from the barangay to the City department/office level; c. Assist in capacity building activities for GAD mainstreaming such as GAD/gend er sensitivity orientation, gender-responsive planning and budgeting, gender diagno sis or programs/projects, and gender-based information systems; d. Assist in information dissemination and awareness building and in the product ion of information-education-communication tools such as regular publications, research and monitoring reports, city gender profiling, advocacy materials, audio-visuals; as well as in the identification and maintenance of resource persons and trainors for a GAD speake rs bureau for the city; e. Assist in establishing and maintaining a gender-responsive knowledge center/d atabank; f. Assist in institutionalizing a GAD Focal Point mechanism in each department w ithin the City government and in barangays for better coordination and monitoring; g. Facilitate the holding of women s assemblies for consultation of issues; and fo r the registration and election of women NGO/PO representatives to the GAD Council; an d h. Undertake all other work required for the effective and efficient discharge o f the City GADCC functions. The committee operations shall be detailed in the Implementing Rules and Regulat ions of this Code. Section 30. City Media Monitoring Board. -A Media Monitoring Board for the city of Surigao shall be created to monitor print, broadcast and other forms of media an d media outlets (movie houses, video shops, electronic communications, cable television, books a nd other forms of audio-visual channels or instruments) for violence, and will classify, censur e and prohibit or regulate exhibition of materials degrading to women Section 31. Women and Children Protection Desks (WCPD) The city government of Surigao shall establish and maintain women s desks preferably handled by women off icers in the city police station and barangay police precincts, duly trained by the City GAD Focal Team. The WCPD in the City Police Station shall have a separate room to guarantee the safe ty and privacy of clients. Section 32. Multidisciplinary Team on VAWC -A multidisciplinary and multi-sector al coordinating team on domestic violence shall design mechanisms for identificatio n, assessment and intervention on VAWC and oversee the implementation of the Protocol. Section 33. Inter-agency Council Against Trafficking of Women and Children. An inter-agency council against trafficking of women, men and children shall be est

ablish and shall have the following powers and functions: a. Formulate a comprehensive program to suppress the trafficking of men, women and children b. Conduct massive information campaigns c. Undertake guidance and counseling for women going abroad either as OFWs or fiance s of foreign nationals d. Make representations to schools and universities for the inclusion of migration and its implications for the secondary and tertiary levels e. Refer traffic survivors to appropriate agencies f. Formulate a program for returning survivors in cooperation with local offices of DTI, DOLE, TESDA and other government agencies involved in training and livelihood development

g. Secure assistance from other local government units, departments or bureaus of t he national government. h. Exercise other powers and functions necessary to attain its purposes and objecti ves. Section 34. City Interdepartmental Task Force A City Interdepartmental Task Forc e shall be created to conduct regular surveillance of business establishments invo lved in trading women s bodies such as (a) prostitution; (b)printing, publication, display and dis tribution of pornographic scenes on movies/TV shows, trailers, posters, billboards and other materials and literature that treat women as sex objects and commodities; organizing productio n of pornographic and indecent shows depicting women and girls as sexual objects eith er in nude or provocative gestures; and mounting live shows where women or girl-child are infl uenced or forced to dance or do naked shows in public or private places. Section 35. Creation of Women and Children s Protection Desk (WCPD) and Designation of WCPD Officer. The City government shall create the WCPD and desig nate a WCPD Office in all police stations in Surigao City specifically to handle women and children s concerns. Complaints filed by women on battering and other forms of abuse against them sha ll be handled by female officers in the local police force who shall undergo special c ourses on handling cases affecting abused women. Section 36. Establishment of Medico-legal Desk for Women and Children at the Cit y Social Welfare and Development Department. There shall be medico-legal desks for women at the City Social Services and Development Department to cater to specific wome n problems and concerns. Section 37. Community Education on Trafficking. The barangay GAD Committees shall organize massive information campaigns and continuing education on traffic king of women and children; monitor trafficking activities in their respective communities; an d develop a system for reporting or referral of traffic victims to appropriate agencies. Section 38. Special Body to Investigate Cases of Violations of Women Under Polic e or Military Detention. No woman or child shall be kept by any PNO/military perso nnel in police/military detachment/checkpoint or any analogous quarter for purposes of c omfort nor be deprived of basic social service in detention. Violation shall be penalized thro ugh summary

dismissal proceedings of the local AFP/PNP and/or at the discretion of the local Police Law Enforcement Board. Section 39. Generating Sex-disaggregated Data and Undertaking Gender Analysis. It shall be the main function of all Barangay GAD Committees to periodically gen erate sexdisaggregated data on their respective communities. This shall all be the duty of all concerne d city departments and offices and partner NGOs and POs to enable them to provide situational analysis for better formulation of the City GAD Plan. Section 40. Guidelines for Determining Gender Biases. The City government, through the City Personnel Department shall issue guidelines to determine gender biases in City government departments and instrumentalities, schools, and private offices, comm ercial/industrial establishments, etc., and promote the prevention of these biases. Section 41. Implementing Rules and Regulations. Upon effectivity of this Ordinan ce, a Drafting Committee to formulate the Implementing Rules and Regulations (IRR) n ecessary to carry out the provisions of this Ordinance shall be convened by the City GAD Tea m composed of representatives from City Legal Office, City Planning and Development Office, Ci ty Administrator s Office, City Health Office, City Social Welfare and Development Of fice, City GAD Resource and Coordinating Office, City Council on Women and Family Affairs, and accredited NGOs/POs. Section 42. A consultative body shall be convened after the initial formulation of the Code s Implementing Rules and Regulations (IRR) to validate the draft document. It shall be

composed of representatives of the Focal Points of the City departments and offi ces, NGOs/POs, and barangay officials involved in the process of drafting this Code. The IRR sh all take effect after it is ratified through a resolution by the City Council and upon the publi cation in two (2) local newspapers of general circulation. Section 43. Compliance Report. Within six (6) months from the effectivity of thi s Code and every six (6) months thereafter, all City Government department and ins trumentalities, shall submit a report to the City Council on their compliance with this Code. Section 44. Appropriation. For the effective implementation of this Ordinance, t he City Government shall appropriate five percent (5%) of the City s Annual Developme nt Fund in pursuance of RA 7192 and DILG-DBM-NCRFW Circular of 2001. CHAPTER III FINAL PROVISIONS Section 45. Separability Clause. If, for any reason, any section or provision of this Ordinance is declared unconstitutional or invalid, the other sections or provisi on thereof which are not affected thereby shall continue to be in full force and effect. Section 46. Effectivity Clause. This Ordinance shall take effect upon approval a nd after publication in the newspaper of general circulation. Enacted on March 22, 2007. I HEREBY CERTIFY to the correctness of the foregoing ordinance. BENJAMIN J. NAVARRO City Vice Mayor Presiding Officer ATTESTED: JUAN A. SALDO, JR. Sangguniang Secretary APPROVED: ALFONSO S. CASURRA City Mayor