PRESENT: Hon. Harris Glenn D.

Puyot, City Vice Mayor

Presiding Officer
Hon. Robert N. Cong, SP Member
Hon. Ernie M. Ceniza, SP Member/Plenary Floor Leader
Hon. Salutario B. Cuasito, SP Member
Hon. Lito B. Bulasa, SP Member
Hon. Nieva C. Famador, SP Member
Hon. Alicia C. Funcion, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
Hon. Leo M. Jongko, SP Member
Hon. Phillip D. Ramirez, SP Member
Hon. Rufo O. Dagani, Jr., SP Member/Liga ng Barangay Pres.
Hon. Keziah Shaira B. Angel, SP Member/City SK Fed. Pres

ABSENT: Hon. Ernesto G. Tapales, SP Member

(On Leave)

CITY ORDINANCE NO. 2011-025

AN ORDINANCE ESTABLISHING AN EXPANDED SPECIAL

FINANCIAL ASSISTANCE FOR THE VICTIMS OF ALL
FORMS AND NATURE OF VIOLENCE AGAINST WOMEN AND
CHILDREN (VAWC).

WHEREAS, pursuant to the Convention on the Elimination of All

Forms of Discrimination Against Women (CEDAW), the Beijing Platform for
Action, the Republic Act 7192 (Women in Development and Nation-building
Act), and the Millennium Development Goals, the Philippines has committed to
pursue women's empowerment and gender equality in the country;

WHEREAS, in accordance with Executive Order (EO) No. 273

(Approving and Adopting the Philippine Plan for Gender-Responsive
Development, 1995-2025), agencies are mandated to institutionalize Gender
and Development (GAD) in government by incorporating the GAD concerns
spelled out in the PPGD in their planning, programming and budgeting
processes;

WHEREAS, Republic Act No. 9262, “AN ACT DEFINING VIOLENCE

AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES”, provides as one of the general bases for the City
Government to institute legal action to address all forms and nature of
VAWC cases;

WHEREAS, with the growing awareness and sensitivity on gender-

equality issues, there has been a number of VAWC cases being discovered
and/or referred to the City Government for appropriate action;
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WHEREAS, one of the challenges faced by the City LGU in terms of

supporting all forms and nature of VAWC victims is the provision of
necessary financial support to complainant/litigant to defray the expenses
during the pre-litigation and litigation stages.

NOW THEREFORE-

BE IT ORDAINED, by the 1st Sangguniang Panlungsod, in its 53 rd

Regular Session assembled, that:

SECTION 1. TITLE –

This Ordinance shall be known as the “Special Financial

Assistance for VAWC Victims Ordinance”.

SECTION 2. STATEMENT OF POLICY -

It is hereby declared to be the policy of the City Government of

Cabadbaran to promote gender-responsive governance, protect and fulfill
women's human rights, and promote women's economic empowerment.

SECTION 3. DEFINITION OF TERMS:

1. Violence Against Women and Children(VAWC)- refers to any act

or series of acts committed by any person against a woman
or child who has no relationship whatsoever to the offender,
against a woman who is his wife, former wife, or against a
woman 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, or against a child,
within or without the family abode, which result in 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. It includes, but is not limited to, the following acts:

A. "Physical Violence" refers to acts that include bodily or physical

harm;

B. "Sexual violence" refers to an act which is sexual in nature,

committed against a child or a woman or her child. It includes,
but is not limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a

child or a woman or her child as a sex object, making
demeaning and sexually suggestive remarks, physically
City Ord. No. 2011-025 - - - /
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attacking the sexual parts of the victim's body, forcing

her/him to watch obscene publications and indecent shows
or forcing a child or a woman or her child to do indecent
acts and/or make films thereof, forcing a child or a wife
and mistress/lover to live in the conjugal home or sleep
together in the same room with the abuser;

b) acts causing or attempting to cause the victim to engage

in any sexual activity by force, threat of force, physical or
other harm or threat of physical or other harm or
coercion;

c) Prostituting the woman or child.

C. "Psychological violence" refers to acts or omissions causing or

likely to cause mental or emotional suffering of the victim such
as but not limited to intimidation, harassment, stalking, damage
to property, public ridicule or humiliation, repeated verbal abuse
and mental infidelity. It includes causing or allowing the victim
to witness the physical, sexual or psychological abuse or to
witness pornography in any form or to witness abusive injury to
pets or to unlawful or unwanted deprivation of the right to
custody and/or visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited
to the following:

1. withdrawal of financial support or preventing the victim

from engaging in any legitimate profession, occupation,
business or activity, except in cases wherein the other
spouse/partner objects on valid, serious and moral
grounds as defined in Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources

and the right to the use and enjoyment of the conjugal,
community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely

controlling the conjugal money or properties.

2. GAD Fund - At least five percent (5%) of the total agency budget
appropriations as authorized under the Annual General
Appropriations Act, which shall correspond to activities
supporting GAD. (Department of Budget and
City Ord. No. 2011-025 - - - /
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management National Economic and Development

Authority, National Commission on the Role of Filipino
Women - Joint Circular No. 2004-1, General Guideline
No. 4.4)

3. CICL - Children In Conflict with the Law

SECTION 4. SCOPE AND APPLICABILITY –

This ordinance shall apply to all qualified Women and Children as

certified by the CSWD under the jurisdiction of the City of Cabadbaran who
is/are VAWC Victim/s, including rape victims as defined under R.A. 8353,
victims of trafficking as defined R.A. 9208, children victims as defined under
R.A. 7610 and CICL as defined under R.A. 9344.

SECTION 5. GENERAL GUIDELINES -

a. There shall be an appropriation of Five Hundred Thousand

Pesos (P 500,000.00) annually starting year 2012 to be taken from
the General Fund for the purpose of implementing this Ordinance.

b. The Fund shall be used to subsidize the victim’s expenses which

covers litigation related processes, reproduction of pertinent
documents, mobilization, medical expenses, examination fees,
neurological examination fees, medico-legal fee, psychological
assessment fee including board and lodging while the case or litigation
is in progress.

c. The fund shall not be used to cover the Attorney’s fees whose
services may be availed of by the litigant through the Public
Attorney’s Office (PAO).

d. Financial assistance should not be only one-shot but should continue

depending on the progress of the case until completed.

e. The Fund shall be subject to the standard government procedures on

disbursement, liquidation, post-release evaluation and audit.

SECTION 6. IMPLEMENTATION -

The procedures in the implementation of the herein ordinance - which

covers information dissemination, screening and identification of the fund
beneficiary, processing of documents, release and disbursements of funds
including liquidation and submission of post-activity reports, shall adopt the
Implementation Guideline which shall be created by the CSWD to be
approved by City Chief Executive. The Guideline shall be evaluated
periodically and adjusted to meet the existing conditions and
circumstances.
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The City Social Welfare and Development Office (CSWD) under the
Office of the City Mayor shall be tasked to implement this Ordinance and
shall not be precluded to engage in a partnership undertaking, other
qualified Non-Government Organization (NGOs), especially Women’s
Organization, when the situation requires.

SECTION 7. CONFIDENTIALITY – Confidentiality of the case should

strictly be observed. Psychological assessment, medico-legal report and social
case study report should never be used as supporting documents for the victims
to avail the financial assistance of this ordinance as this would blatantly
violate the right of the victim’s person.

SECTION 8. SUSTAINABILITY

This Ordinance shall form part of an integral approach to mainstream

the women and children towards addressing gender of children
development issues.

The City Government shall continually work towards making

initiatives to develop the women’s sector, foremost of which is the
strengthening the Dangpanang Balay sa Cabadbaran alang sa
Kababayen-an ug Kabatan-onan (DBC-KK).
The City shall provide the bridge for the Women’s Crisis Center with
other already established organizations (government organized or otherwise)
for resource sharing, counter parting, technological transfer and other resource-
sharing schemes which will eventually redound to the benefits of the DBC-KK
and for the women and children in general.

SECTION 8. SUPPLETORY CLAUSE - This Ordinance shall be

suppletory in character to any existing national laws having the same purpose
and objectives.

SECTION 9. REPEALING CLAUSE – All ordinances and other

issuances inconsistent to this ordinance are hereby repealed or modified
accordingly.

SECTION 10. EFFECTIVITY CLAUSE - This Ordinance shall take

effect in CY 2012.

ENACTED AND APPROVED: SEPTEMBER 13, 2011

Author : HON. SALUTARIO B. CUASITO

Co-authors : HON. ALICIA C. FUNCION
HON. NIEVA C. FAMADOR
HON. RAYKITO M. KITTILSTVEDT
Movant : HON. SALUTARIO B. CUASITO
Seconder : HON. ALICIA C. FUNCION
City Ord. No. 2011-025 - - - /
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CERTIFIED CORRECT:

HARRIS GLENN D. PUYOT

City Vice Mayor
Presiding Officer

ROBERT N. CONG ERNIE M. CENIZA

SP Member SP Member/Plenary Floor Leader

SALUTARIO B. CUASITO LITO B. BULASA

SP Member SP Member

NIEVA C. FAMADOR ALICIA C. FUNCION

SP Member SP Member

RAYKITO M. KITTILSTVEDT ERNESTO G. TAPALES

SP Member SP Member
(On Leave)

LEO M. JONGKO PHILLIP D. RAMIREZ

SP Member SP Member

RUFO O. DAGANI, JR. KEZIAH SHAIRA B. ANGEL

SP Member/Liga ng Barangay Pres SP Member/City SK Fed.
Pres.

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod
Submitted to the Mayor:
Date: _____________

DALE B. CORVERA
City Mayor
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ctord.2011-025