LGU Social Welfare

Programs & Policies

 What is a Local Government Unit?

- A political subdivision of a
nation which is constituted by
law and has substantial
control of local affairs with
officials elected as otherwise
locally selected
 Republic Act 7160 –
The Local Government Code of 1991

- The LGC of 1991 is a radical policy with

far-reaching effects to the Philippine
bureaucracy that decentralizes
power from the central government
to local government units.
 Local Autonomy

LGUs enjoy the highest degree

of independence in managing,
deciding and planning their own
administrative, fiscal, and
developmental affairs
 To achieve local autonomy,
decentralization was introduced
as a local government structure
that will give LGUs with more
powers, authority and
responsibilities and more
resources
 Decentralization

- The transfer of power and

authority from the central
institution to the lower levels
of government system
 3 Forms of Decentralization
a. Devolution
– the transfer of power and
authority from the national to the
LGUs as the territorial and political
subdivision of the state
 3 Forms of Decentralization
b. Deconcentration
– it is the transfer of power,
authority or responsibility of the
discretion to plan , decide and
manage from a central point or
local levels. The nature of transfer
is administrative and approach is
sectoral.
 3 Forms of Decentralization

c. Debureaucratization

– transfer of some public functions

and responsibilities, which the
government may perform to
private entities or NGOs
 Aims of Local Government
Code of 1991
• Transform LGUs into self-reliant communities
and active partners in nation- building by giving
them more powers, authority, responsibilities and
resources

• Hopes to achieve economic development at the

regional and local levels by giving more freedom
in carrying out their programs that are suitable in
their areas
 Sect. 16: General Welfare
Every LGU shall exercise the powers expressly
granted, those necessarily implied therefrom, as
well as powers necessary, appropriate or
incidental for is efficient and effective
governance, and those which are essential to
the promotion of the general
welfare.
Devolved Functions to LGU
• Agricultural extension
• Community based forestry
• Field health and hospital services
• Public works
• School building program
• Social welfare services
• Tourism
• Telecommunication
• Housing
• Others like investment support
 Sec. 17: Basic Services and Facilities
For the Barangay

Health and social welfare services which

include maintenance of barangay health
center and day care center
Sec. 17: Basic Services and Facilities
For the Municipality
Social Welfare services which include programs and
projects on child and youth welfare, family and
community welfare, women’s welfare, welfare of the
elderly and disabled persons, community-based
rehabilitation programs fro vagrants, beggars,
street children, scavengers, juvenile delinquents,
and victims of drug abuse; livelihood and other
pro-poor projects; nutrition services; and family
planning services
 Sec. 17: Basic Services and Facilities
For the Province

Social Welfare services which include

programs and projects on rebel returnees
and evacuees; relief operations; and
population development services
 CLIENTELE
1. Abandoned, neglected, orphaned, abused and exploited
children
2. Children in conflict with the law and children at risk
3. Out-of-school youth and other youth with special needs
4. Victims of violence against women and their children
5. Persons with disability
6. Senior Citizens
7. Solo Parents
8. Indigenous People
9. Marginalized and disadvantaged individuals, families, and
communities
10. Urban Poor
11. Individuals and families in crisis situation
12. Internally displaced families and individuals
 CLIENTELE
Children refers to those below eighteen (18) years
of age or older but are incapable of taking care of
themselves as defined under Republic Act No. 7610.

A dependent child is one who is without a parent,

guardian or custodian; or one whose parents,
guardian or other custodian for good cause desires
to be relieved of his care and custody; and is
dependent upon the public for support.
 CLIENTELE
An abandoned child is one who has no proper
parental care or guardianship, or whose parents or
guardians have deserted him for a period of at least
three continuous months.

A neglected child is one whose basic needs have

been deliberately unattended or inadequately
attended.

A foundling is an infant or small child found

abandoned and without a known parent or guardian.
 CLIENTELE
Exploited Children are those children who were
used for profit, labor, sexual gratification, or some
other personal or financial advantage.

Victims of Child Abuse are children who suffered

from maltreatment as defined in Republic Act 7610
otherwise known as the Special Protection of
Children Act.

Children In Conflict with the Law are those who

are alleged as accused, of, adjudged as having
committed an offense under the Philippine Laws.
 CLIENTELE
Children at risk refers to children who are
vulnerable to and at the risk of committing criminal
offenses because of personal, family and social
circumstances, such as, but not limited to, the
following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry the parent
or guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a street child;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse;
(9) living in situations of armed conflict.
 CLIENTELE
Youth are those persons whose age range from 15 to 30
years old.
 
VAWC victims are the women and their children who
suffered from violence as stipulated in Republic Act 9262.

Persons with Disabilities refers to those who are suffering

from restriction or different abilities, as a result of a mental,
physical, or sensory impairment to perform an activity in the
manner or within the range considered normal for a human
being

. Senior Citizen is Filipino citizen and resident who is at least

60 years of age.
 CLIENTELE
Indigenous Peoples refers to a group of people or homogenous
societies identified by self-ascription and ascription by other, who have
continuously lived as organized community on communally bounded and
defined territory, and who have, under claims of ownership since time
immemorial, occupied; possessed customs, tradition, and other distinctive
cultural traits, or who have, through resistance to political, social, and
cultural inroads of colonization, nonindigenous religions and culture,
became historically differentiated from the majority of Filipinos.

Marginalized refers to the basic, disadvantaged, or vulnerable persons or

groups who are mostly living in poverty and have little or no access to
land and other resources, basic social and economic services such as
health care, education, water and sanitation, employment and livelihood
opportunities, housing, social security, physical infrastructure; and the
justice system.
 CLIENTELE
Urban Poor refers to those residing in urban and urbanizable
slum or blighted areas, with or without the benefit of security
of abode, where the income of the head of the family cannot
afford in a sustained manner to provide for the family's basic
needs of food, health, education, housing, and other
essentials in life.
 
Individuals and Families in Crisis are those in stressful
situations in an individual’s life when they experience
breakdown or disruption in their usual or normal daily
activities.
 CLIENTELE
Internally Displaced Persons are those persons or groups
of people who have been forced or obliged to flee or to leave
their homes or place of habitual residence, in particular as a
result of armed conflict, or to avoid the effects of armed
conflict, situations of generalized violence, violations of
human rights, or natural or human-made disasters and who
have not crossed an international border.
 PROGRAMS FOR THE FAMILY
Parent Effectiveness Seminar
 
Parent Effectiveness Service is the provision and
expansion of knowledge and skills of parents and caregivers
on parenting to be able to respond to parental duties and
responsibilities in the area of early childhood development,
behaviour management of younger and older children,
husband-wife relationships, prevention of child abuse, health
care, and other challenges of parenting. It assists parents and
parent-substitutes so they can assume the major educational
role in the growth and development of children.
 PROGRAMS FOR THE FAMILY
Responsible Parenthood
Responsible Parenthood Service is provided for couples of
reproductive age and those with growing children are
provided counseling on child spacing to be able to attend to
their child’s developmental needs.
 
Family Violence Prevention
Family Violence Prevention Session is aimed at enriching the
knowledge of family members in strengthening their
relationship and violence within the family will be prevented.
 PROGRAMS FOR THE FAMILY
EMPOWERMENT AND REAFFIRMATION OF PATERNAL
ABILITIES
ERPAT is a service that gives importance and emphasis on
the development and enrichment of knowledge, attitudes and
skills of fathers in performing their paternal roles and
responsibilities. ERPAT also aimed to improve family
relationship even with the participants’ physical separation
with their families and prepare their role performance for their
eventual return with their families.
 PROGRAMS FOR THE FAMILY
Marriage Counselling Service
 
Marriage Counseling Service (MCS) - refers to the
professional way of guiding or assisting couples through any
of the following: a) being informed and responsible in deciding
about contracting marriage b) enriching their marital
relationship c) helping resolve marital conflict and d) to arrive
at a decision for the best interests of their children and each
other if they filed a petition for legal separation. It is
implemented through the following interventions:
 PROGRAMS FOR THE FAMILY
Marriage Counselling Service
 
1. Pre-Marriage Counseling (PMC) - refers to providing
would-be-couples with a basis for making an informed
and responsible decision about marriage.

2. Marriage Enrichment Counseling (MEC) - refers to helping

married couples to:
2.1 Renew and enhance their marital relationship and
intimacy;
2.2 Deepen their marital morality and spirituality.
 PROGRAMS FOR THE FAMILY
Marriage Counselling Service
 
3. Marriage Crisis Counseling (MCC) - refers to helping
married couples to:
3.1 Experience the process of emotional and
psychological healing;
3.2 Gain an objective perspective of their marital situation;
3.3 Identify areas for behavioral change and improvement;
3.4 Identify strengths and areas of reinforcement;
3.5 Acquire and apply techniques for effective
communication and conflict resolution; and
3.6 Acquire and apply information on marital growth.
 PROGRAMS FOR THE FAMILY
Programs for the Solo Parents – Republic Act 8972

Who are the SOLO PARENTS?

- any individual who falls under any of the following
categories:

(1) A woman who gives birth as a result of rape and other

crimes against chastity even without a final conviction of
the offender: Provided, That the mother keeps and raises
the child;

(2) Parent left solo or alone with the responsibility of

parenthood due to death of spouse;
 PROGRAMS FOR THE FAMILY
(3) Parent left solo or alone with the responsibility of
parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one (1)
year;

(4) Parent left solo or alone with the responsibility of

parenthood due to physical and/or mental incapacity of
spouse as certified by a public medical practitioner;

(5) Parent left solo or alone with the responsibility of

parenthood due to legal separation or de facto
separation from spouse for at least one (1) year, as long
as he/she is entrusted with the custody of the children;
 PROGRAMS FOR THE FAMILY
(6) Parent left solo or alone with the responsibility of
parenthood due to declaration of nullity or annulment
of marriage as decreed by a court or by a church as
long as he/she is entrusted with the custody of the
children;
(7) Parent left solo or alone with the responsibility of
parenthood due to abandonment of spouse for at
least one (1) year;
(8) Unmarried mother/father who has preferred to
keep and rear her/his child/children instead of having
others care for them or give them up to a welfare
institution;
 PROGRAMS FOR THE FAMILY
(9) Any other person who solely provides parental
care and support to a child or children;
(10) Any family member who assumes the
responsibility of head of family as a result of the
death, abandonment, disappearance or prolonged
absence of the parents or solo parent.
 Comprehensive Package of social development
and welfare services for Solo Parents:

a.)Livelihood development services

(b) Counseling services
(c) Parent effectiveness services
(d) Critical incidence stress debriefing w
(e) Special projects for individuals in need of
protection which include temporary shelter,
counseling legal assistance, medical care,
self-concept or ego-building, crisis
management and spiritual enrichment.
•
 Other Benefits

• Flexible work schedule

• Parental leave
• Educational benefits
• Housing benefits
• Medical Assistance
 LIVELIHOOD PROGRAMS

Self-Employment Assistance
 
The SEA Program is an integrated package of
assistance geared towards the economic
rehabilitation of the poor through the provision
of social preparation, capability building,
monitoring and technical assistance, and
financial assistance that is interest-free and
non- collateral by the lgu.
 LIVELIHOOD PROGRAMS

BASIC BUSINESS MANAGEMENT TRAINING

 
Basic Business Management Training is conducted
to livelihood proponents before they were released
of the livelihood grants. It is aimed at Building
capacities of proponents to self-manage the finances
of their project to be assured of project success.
They were provided basic skills in budgeting,
bookkeeping, and accounting so that as
entrepreneurs, they can operate their own business
even with minimal supervision from the office.
 LIVELIHOOD PROGRAMS

PRACTICAL SKILLS DEVELOPMENT

 
Individuals and groups of working age are
provided vocational skills in preparation to
open or self-employment to augment family
income.
 COMMUNITY WELFARE PROGRAMS

The disadvantaged/depressed communities, who have

inadequate awareness of community problems/realities, no
collective action to solve community problems and/or
functional social welfare structures/organizations to address
community problems, without organized and trained
volunteers to respond to community problems, and with no
access to basic social services are provided organizational
skills through:

Social Preparation for People’s Participation

Community Volunteer Resource Development
Community Mobilization
Community Welfare Structures Development
 COMMUNITY WELFARE PROGRAMS

The disadvantaged/depressed communities, who have

inadequate awareness of community problems/realities, no
collective action to solve community problems and/or
functional social welfare structures/organizations to address
community problems, without organized and trained
volunteers to respond to community problems, and with no
access to basic social services are provided organizational
skills through:

Social Preparation for People’s Preparation

Community Volunteer Resource Development
Community Mobilization
Community Welfare Structures Development
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Privileges for the Senior Citizens

• Free medical/Dental, diagnostic &
Laboratory Service in all Government
Facilities
• 20% discount for medicines
• 20% discount in hotels, restaurants,
recreation centers
• 20% discount in theaters, cinema houses &
concert halls
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Privileges for the Senior Citizens

• 20% discount in medical/dental services,
diagnostic & laboratory fees in private
facilities
• 20% discount in fare for domestic air, sea
travel and public land transportation
• 5% discount in basic necessities and prime
commodities
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Privileges for the Senior Citizens

• 12% VAT-exemption on the purchase of
goods and services which are entitled to the
20% discount
• 5% discount for the monthly utilization of
water and electricity, provided that the water
and electricity meter bases are under the
name of the senior citizens
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Privileges for the Senior Citizens

• provision of express lanes for senior citizens
in all commercial and government
establishments; in the absence thereof,
priority shall be given to them

• death benefit assistance of a minimum of

Two thousand pesos (Php2, 000.00)
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Additional Government Assistance

(2) Mandatory PhilHealth Coverage
"All indigent senior citizens shall be covered
by the national health insurance program of
PhilHealth. The LGUs where the indigent
senior citizens resides shall allocate the
necessary funds to ensure the enrollment of
their indigent senior citizens in accordance
with the pertinent laws and regulations.
 Policies FOR SENIOR CITIZENS

Republic Act 9994 – Expanded Senior Citizens Act of 2010

Additional Government Assistance

(1) Social Pension
"Indigent senior citizens shall be entitled to a
monthly stipend amounting to Five hundred
pesos (Php500.00) to augment the daily
subsistence and other medical needs of
senior citizens, subject to a review every two
(2) years by Congress, in consultation with the
DSWD.
Office for Senior Citizens Affairs (OSCA
• OSCA - in all cities and municipalities
• HEAD - Senior Citizen appointed by Mayor for a term of 3
years

Functions of OSCA:
• To plan, implement & monitor yearly work programs in pursuance
of the objectives of this Act;

• To draw up a list of available & required services which can be

provided by the senior citizens;

• To maintain & regularly update on a quarterly basis the list of

senior citizens & to issue nationally uniform individual
identification cards, free of charge, which shall be valid anywhere
in the country; 48
 FUNCTIONS OF OSCA
• To service as a general information & liaison center to
serve the needs of the senior citizens;

• To monitor compliance of the provisions of this Act

particularly the grant of special discounts and privileges to
senior citizens’

• To report to the Mayor, establishments found violating any

provision of this Act; and

• To assist the senior citizens in filing complaints or charges

against any establishment, institution, or agency refusing to
comply with the privileges under this Act before the
Department of Justice or the provincial, city, or municipal
trial courts. 49
 PROGRAMS FOR SENIOR CITIZENS

Republic Act 7876 – Senior Citizens Center Act

• Promulgated in 1995
• Provided for the establishment of Senior
Citizen’s centers in municipalities and
provinces in the country
• Centers to be managed by the Federation of
Senior Citizens Association of the
Philippines and other senior citizens groups
PROGRAMS FOR PERSONS
WITH DISABILITY
 Policies FOR PWDs
Republic Act 7277 – Magna Carta of PWDs

Republic Act 9442 - AN ACT AMENDING REPUBLIC ACT NO.

7277, OTHERWISE KNOWN AS THE "MAGNA CARTA FOR
DISABLED PERSONS, AND FOR OTHER PURPOSES“

Privileges and Incentives of PWDs

(a) At least twenty percent (20%) discount from all
establishments relative to the utilization of all services in
hotels and similar lodging establishments; restaurants and
recreation centers for the exclusive use or enjoyment of
persons with disability;
 Policies FOR PWDs
Privileges and Incentives of PWDs
(b) A minimum of twenty percent (20%) discount on
admission fees charged by theaters, cinema houses,
concert halls, circuses, carnivals and other similar
places of culture, leisure and amusement for the
exclusive use of enjoyment of persons with disability;

(c) At least twenty percent (20%) discount for the

purchase of medicines in all drugstores for the exclusive
use or enjoyment of persons with disability;
 Policies FOR PWDs
Privileges and Incentives of PWDs
(d) At least twenty percent (20%) discount on medical and
dental services including diagnostic and laboratory fees such
as, but not limited to, x-rays, computerized tomography
scans and blood tests, in all government facilities, subject to
guidelines to be issued by the Department of Health (DOH),
in coordination with (PHILHEALTH);

(e) At least twenty percent (20%) discount on medical and

dental services including diagnostic and laboratory fees, and
professional fees of attending doctors in all private hospitals
and medical facilities, in accordance with the rules and
regulations to be issued by the DOH, in coordination with the
PHILHEALTH;
 Policies FOR PWDs
Privileges and Incentives of PWDs
(f) At least twenty percent (20%) discount on fare for
domestic air and sea travel for the exclusive use or
enjoyment of persons with disability;

(g) At least twenty percent (20%) discount in public railways,

skyways and bus fare for the exclusive use and enjoyment of
person with disability;

(h) Educational assistance to persons with disability, for them

to pursue primary, secondary, tertiary, post tertiary, as well as
vocational or technical education,
 Policies FOR PWDs
Privileges and Incentives of PWDs
(i) To the extent practicable and feasible, the continuance of
the same benefits and privileges given by (GSIS), (SSS),
and PAG-IBIG, as the case may be, as are enjoyed by those
in actual service;
(j) To the extent possible, the government may grant special
discounts in special programs for persons with disability on
purchase of basic commodities, subject to guidelines to be
issued for the purpose by the Department of Trade and
Industry (DTI) and the Department of Agricultural (DA); and
(k) Provision of express lanes for persons with disability in all
commercial and government establishments; in the absence
thereof, priority shall be given to them.
(RA 9442)
Prohibitions on Verbal, Non-verbal Ridicule
and Vilification Against Persons with Disability

Public ridicule shall be defined as an act of making fun or

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

Vilification shall be defined as:

(a) The utterance of slanderous and abusive statements

against a person with disability; and/or

(b) An activity in public which incites hatred towards, serious

contempt for, or severe ridicule of persons with disability."
 Policies FOR PWDs

Republic Act 10070

Establishing institutional Mechanism to
Ensure the Implementation of Programs and
Services for PWDs in Every Province, City
and Municipality, Amending RA 7277

• Creation of Persons with Disability Affairs

Office
• Appointment of PWD Affairs Officer / focal
person
 Programs for the Youth
The youth who are out of school are organized and extended
services on:

• Leadership Training
• Population Awareness and Family Life Orientation
• Sulong Dunong Educational Scholarship
• Physical Fitness and Sports Development
• Drug Abuse Prevention Sessions
• Nutrition Education Session
• Peer Counseling
 Youth in Nation-Building Act
(RA 8044)
• Youth – person who is from 15 to 30 years
of age
• Created the National Youth Commission
which formulated the Medium – Term Youth
Development Plan & the National
Comprehensive & Coordinated Program on
Youth Development
• Constituted the “Youth Parliament”
convened every 2 years
• Established an Advisory Council
• Approved on 7 June 1995
 Programs for Children
• Day Care Service
It is the provision of supplemental
parental care to children 5 years old and
below who may be neglected, abused,
exploited or abandoned, during part of the
day when the parents cannot attend to
his/her needs.
Barangay-Level Total Development &
Protection of Children Act (RA 6972)

• Approved November 20, 1990

• Establishment of a day care center in
every barangay for children up to 6
years of age of working mothers
• Includes monitoring of registration of
births & immunization of children,
growth & nutritional monitoring with
supplemental nutritional feeding
• DSWD to set standards and accredit
day care workers/centers
 Early Childhood Care and Development Act
(RA 8990)
• Provides a coherent & comprehensive
national policy for the implementation of
ECCD
• Provides for the institutionalization of a
national system for ECCD for children 0-6
years of age that is comprehensive,
integrative, sustainable & involves multi-
sectoral & inter-agency collaboration at all
levels
• Approved on 5 December 2000
 ECCD Objectives
• Improve infant & child survival rates
• Enhance the holistic development of young
children
• Facilitate a smooth transition from care &
education provided at home to community to
school-based setting
• Ensure that young children are adequately
prepared for the formal learning system
• Establish an efficient system for early
identification, prevention, referral & intervention
for developmental disorders & disabilities in
early childhood
 ECCD Objectives
• Enhance the role of parents & other caregivers
as the primary educators & caregivers of their
children from birth onwards
• Enhance the capabilities of service providers &
their supervisors to comply with quality
standards for various ECCD programs
• Enhance & sustain the efforts of communities to
promote ECCD programs & ensure that special
support is provided for poor & disadvantaged
communities
• Improve the quality standards of public and
private ECCD programs
 ECCD System & Programs
• Created the National ECCD Coordinating
Council in the Council for the Welfare of
Children up to the provincial, city,
municipal & barangay
• Active participation of the parents &
communities
• BRIGHT CHILD – package of health,
education and psychosocial services
• Licensing & accreditation of ECCD
programs & centers
 Programs for Women

The disadvantaged/marginalized women with ages

18-59 years old who are without or limited access
to opportunities along maternal and child care or
health care facilities and higher educational
attainment, are extended services on:
• Practical Skills Training
• Livelihood Assistance
• Maternal and Child Care Skills
• Self-Enhancement and Community Participation
• Organization of KALIPI groups
Policies on Women
 RA 9262: ANTI-VIOLENCE
AGAINST WOMEN AND THEIR
CHILDREN ACT OF 2004
 Legal Basis:
• The state shall exert all efforts to
address violence committed
against women and children in
keeping with the fundamental
freedoms guaranteed under the
Constitution and the provisions of
the UDHR, CEDAW, CRC and other
international HR instruments to
which the Philippines is a party.
 What is Violence Against Women and their
Children?
– any act or a series of acts
– committed by any person
• against a woman who is
– his wife
– former wife
– with whom the person has or had a sexual or dating
relationship, or
– with whom he has a common child, or
• against her child whether legitimate or illegitimate,
within or without the family abode
 What is VAWC?
Which result or is likely to result in
physical,
sexual,
psychological harm or suffering, or
economic abuse
including
threats of such acts,
battery,
assault,
coercion,
harassment or
arbitrary deprivation of liberty
 What is VAWC?
• VAWC includes but is not limited
to:
– Physical violence
– Sexual violence
– Psychological violence
– Economic abuse
 What is VAWC?
• Physical Violence- acts that include
bodily or physical harm

• Sexual violence – an act which is sexual

in nature, committed against a woman or
her child

– Rape, sexual harassment, acts of

lasciviousness, etc…
– Acts causing or attempting to cause
the victim to engage in any sexual
activity by force, threat, coercion
– Prostituting the woman or her child
 What is VAWC?

 Psychological violence – acts or

omissions causing or likely to
cause mental or emotional
suffering of the victim, such as
intimidation, harassment,
stalking, damage to property,
public ridicule or humiliation,
verbal abuse, etc.
 What is VAWC?
Economic abuse – acts that make or attempt to
make a woman financially dependent
Withdrawal of financial support or preventing
victim from engaging in any legitimate
profession, etc… (with exception)
Deprivation or threat of deprivation of financial
resources and the right to the use and enjoyment
of conjugal, community or property owned in
common
Destroying household property
Controlling the victim’s own money or properties
or solely controlling the conjugal money or
properties
 PROTECTION ORDERS
• An order issued under the Act for the
purpose of preventing further acts of
violence against a woman or her child
• The relief granted under a protection
order should serve the purpose of
– safeguarding the victim from further
harm,
– Minimizing any disruption of the
victim’s daily life, and
– Facilitating the opportunity and ability
of the victim to independently regain
control of her life
 PROTECTION ORDERS
• Provisions shall be enforced by law
enforcement agencies
• Protection orders may be
– Barangay protection order (BPO)
– Temporary protection order (TPO)
– Permanent protection order (PPO)
WHO, HOW, EFFECTIVITY OF PROTECTION
ORDERS
Type Who Acts How Days

BPO Punong Sec. 5 (a), date of filing after 15

Barangay 5 (b) ex parte
or Bgy determination of
kagawad the basis

TPO Court All Same. Sked 30

hearing for PPO
before expiry

PPO Court All After notice and Until

hearing (1day) revoked
 WHO MAY FILE PETITION FOR PO?
• Offended party
• Parents or guardians of offended party
• Ascendants, descendants or collateral relatives within 4th
civil degree of consanguinity or affinity
• Officers or social workers of DSWD or social wokers of
LGUs
• Police officers, preferably those in charge of women and
children’s desks
• Punong Barangay or Barangay Kagawad
• Lawyer, counselor, therapist or healthcare provider of
the petitioner
• At least two concerned responsible citizens of the city or
municipality where the VAWC occurred and who has
personal knowledge
WHERE TO APPLY FOR PROTECTION
ORDER
TYPE OF PO WHERE TO FILE
BPO
If parties reside in Bgy of residence of both parties
same barangay

If reside in Bgy where respondent resides

different barangays

If arising at Bgy where the workplace or ed

workplace or ed insti insti is located

TPO and PPO RTC, MTC, MCTC with territorial

jurisdiction over place of
residence of petitioner, FC if any
ENFORCEABILITY OF PROTECTION
ORDER
All TPOs and PPOs shall be
enforceable anywhere in the Philippines
and a violation thereof shall be
punishable with fine of P5,000 to
P50,000 and/or imprisonment of six
months
Violation shall constitute contempt of
court without prejudice to criminal or civil
action
DUTIES OF BGY OFFICIALS and LAW
ENFORCERS
Respond immediately to a call for help by entering the
dwelling
Confiscate deadly weapon from perpetrator
Transport or escort victim to safe place
Assist victim in removing personal belongings from
house
Assist bgy officials and other government officers and
employees who respond
Ensure enforcement of POs
Arrest suspect even without warrant
Immediately report to DSWD or SWD of LGUs or
accredited NGOs
 FAILURE TO REPORT
• Any barangay official or law
enforcer who fails to report the
incident shall be liable for a fine not
exceeding P10,000 or whenever
applicable criminal, civil or
administrative liability
 EXEMPTION FROM LIABILITY

In every case of violence against women

and their children, any person, private
individual or police authority or barangay
official who, acting in accordance with law,
responds or intervenes without using
violence or restraint greater than necessary
to ensure the safety of the victim, shall not
be liable for any criminal, civil or
administrative liability resulting therefrom
 CONFIDENTIALITY

All records pertaining to case of VAWC including

those at the barangay shall be confidential and all
public officers and employees and public or private
clinics or hospitals shall respect the right to privacy
of the victim. Whoever publishes or causes to be
published in any formal the name, address, tel.no.,
school, business address, employer or other
identifying info of a victim or an immediate family
member without consent shall be liable to the
contempt power of the court. Penalty: one year
imprisonment or fine of not more than P500,000
 Anti-Rape Law of 1997
(RA 8353)
• Approved 30 September 1996
• Amended Art. 266-A, B, C and D
• Reclassified RAPE as a crime
against persons, a public crime (sec.
2).
Who can commit rape?

• A MAN who have carnal knowledge

of woman under any of the following
circumstances (FIRST Paragraph):
1. Force, threat, or intimidation;
2. Offended party is deprived of reason or
unconscious;
3. Fraudulent machination or grave abuse of
authority;
4. Offended party is under 12 or is demented
even though none of the circumstances
above is present.
Who can commit rape?
• Any PERSON who, under any
of the 4 circumstances mentioned
in par. 1 commits an act of sexual
assault:
inserting his penis (man) into another
person’s (man or woman) mouth or
anal orifice, or
inserting any instrument or object into
the genital or anal orifice of another
person (man or woman).
How is rape accomplished?
• When accomplished under these circumstances:
1. Force, threat, or intimidation;

2. Offended party is deprived of reason or unconscious;

3. Fraudulent machination or grave abuse of authority;

4. Offended party is under 12 or is demented even

though none of the circumstances above is present.
5. The force employed need not be
irresistible. It need not be of such character
as could not be resisted.

6. When offender has ascendancy over the

victim, it is not necessary that the offended
party puts up a determined resistance.

7. Intimidation includes the moral kind such

as fear caused by threatening with a knife or
pistol
Increase in penalty when committed
under 10 Qualifying Circumstances:

1. Incestuous: Victim is under 18 and

offender is
• parent,
• ascendant,
• step-parent,
• guardian,
• relative within the 3rd civil degree by
consanguinity or affinity, or
• common-law spouse of the parent of the
victim. (incestuous)
2. Victim is under the custody of the police,
military, any law enforcement, or penal institution;

3. Committed in full view of spouse, parent, any of

the children or other relatives within the third civil
degree of consanguinity.
4. Victim is a religious engaged in legitimate
religious vocation or calling and is personally
known to be such by the offender before or at the
time of the commission of the crime.
5. Victim is under 7 years of age.
6. Offender knows that he has AIDS or any other
STD and the virus or disease is transmitted to the
victim.
7. Committed by any member of the AFP or
paramilitary units or the PNP or any law
enforcement agency or penal institution , when
the offender took advantage of his position to
facilitate the commission of the crime.
8. By reason or on the occasion of rape, the victim
has suffered permanent physical mutilation or
disability.
9. The offender knew of the pregnancy of the
offended party at the time of the commission of
the crime.
10. The offender knew of the mental disability,
emotional disorder and/or physical handicap of
the offended party at the time of the commission
of the crime.
 Rape Victim Assistance
and Protection Act of 1998 (RA 8505)

• Approved 13 February 1998

• Policy to assist and protect rape

victims in the litigation of their cases
and their recovery.
Rape Crisis Center (sec. 3)

• Establishment in every province and

city, located in government hospital or
health clinic or in any suitable place.

• Agencies involved: DSWD, DOH, DILG,

DOJ and NGO of proven track record.
• Purpose:
– Provide psychological counseling, medical and health
services, including medico-legal examination;
– Secure free legal assistance when necessary;
– Assist in investigation to hasten arrest of offenders and the
filing of cases;
– Ensure privacy and safety of victims;
– Provide psychological counseling, medical services
whenever necessary for the victim’s family;
– Developing and undertaking training program on human
rights; gender sensitivity and legal management of cases;
and
– Adopting and implementing programs for the recovery of
rape victims.
Duty of Police Officer (sec. 4)

• Immediately refer case to the prosecutor if the

accused is detained.
• Arrange for counseling and medical services for
offended party.
– Duty of police officer or examining physician,
same gender as the offended party, to ensure that
only persons expressly authorized by the
offended party shall be allowed in investigation or
examination room.
• Immediately make a report on the action taken.
Women’s Desk (sec. 4)
• To be established in every police precinct.
Immediately refer case to the prosecutor if
the accused is detained.
• Provide women police to conduct
investigation of complaints of women rape
victims.
• Preliminary investigation proper or inquest
of women rape victims must be assigned to
female prosecutor after papers are endorsed
by the police.
Protective Measures (sec. 5)

• Right to privacy of offended party and the accused at any stage

of the case. The court may:
– Whenever necessary, order a closed-door investigation,
prosecution or trial, and
– Non-disclosure of the name and personal circumstances of the
offended and accused parties and other circumstances on the
complaint.

• Right to be informed that proceedings can be conducted in a

language known or familiar to the parties.
Rape Shield (sec. 6)

• In prosecutions, complainant’s past

sexual conduct, opinion thereof or of
his/her reputation shall not be admitted
UNLESS material or relevant to the
case.
Anti-Sexual Harassment Act of 1995 (RA
7877)

• Approved 14 February 1995

• Policy:
– Guarantee full respect of human rights; uphold
the dignity of all concerned.
Where committed? (sec. 3)
– Work and education or training-related

Who may commit?

– Employer, employee, manager, supervisor,
agent of the employer, teacher, instructor,
professor, coach, trainor or any other
person having having:
– With AUTHORITY, INFLUENCE, MORAL
ASCENDANCY
How committed? (sec. 3)

– DEMANDS, REQUESTS or REQUIRES

any sexual favors

– regardless of whether the demand,

requests or requirement for
submission is accepted
Work-related or employment environment (sec. 3a)
• When committed?
1. Sexual favor is made as -

• a condition in the hiring or in the employment, re-

employment or continued employment, or in granting
favorable compensation, terms, conditions, promotions
or privileges; or

• the refusal to grant the sexual favor results in limiting,

segregating or classifying the employee, hence
discriminate, deprive or diminish employment
opportunities.
• When committed?
2. Sexual favor impairs rights or
privileges under existing labor laws

3. Sexual favor results in

intimidating, hostile, or offensive
environment for the employee.
• When committed?
1. Against one who is under the care,
custody or supervision of the offender
2. Against one whose education, training,
apprenticeship or tutorship is entrusted to
the offender
3. Sexual favor is made as a condition to
the giving of a passing grade, or the
granting of honors and scholarships, or
the payment of a stipend, allowance or
other benefits, privileges, or
considerations
4. When the sexual ADVANCES result in
intimidating, hostile or offensive
environment for the student, trainee or
apprentice.