The GAD Code of Balete, Aklan
The GAD Code of Balete, Aklan
The GAD Code of Balete, Aklan
EXCERPTS FROM THE MINUTES OF THE 84th REGULAR SESSION (10th for the
Year 2006) OF THE SANGGUNIANG BAYAN (for the period 2004-2007) OF THE
MUNICIPALITY OF BALETE, AKLAN HELD ON THURSDAY, MARCH 9, 2006
AT THE SESSION HALL
Present:
HON. RIZAL G. RODRIGUEZ, JR. Vice Mayor /Presiding
HON. EVELYN V. VILLANUEVA SB Member
HON. ROMAN R. VILLARUEL SB Member
HON. CIPRIANO L. LACHICA SB Member
HON. INOCENTES F. BANTIGUE, JR. SB Member
HON. ELVIS S. REQUIRO SB Member
HON. PETER C. RECIDORO SB Member
HON. PAULINO P. BALLEZA, JR. SB Member
HON. MANUEL V. CUATERNO Pres., Liga ng mga Barangay
HON. ELDA B. FELIPE SK Federation President
Absent:
HON. APOLINAR C. CLEOPE SB Member
Also Present:
HON. TEODORO V. CALIZO, JR. Municipal Mayor
DR. REYNALDO L. TAD-Y, PH.D. Applicant
Section 1. Title. This ordinance shall be known and cited as the “Gender and
Development Code of the Municipality of Balete” hereinafter referred to as the Code.
1. A reasonable amount from the official development assistance received from foreign
governments and multilateral agencies and organizations shall be set aside to support
programs and activities for women in accordance with the provisions of RA 7192,
otherwise known as the Women in Development and Nation Building Act, by the Local
Government of the Municipality of Balete provided that it shall conform with the
requirement and conditions set forth by the funding agencies.
2. The local government of the municipality of Balete shall ensure that women benefit
equally and participate directly in the government programs and projects of said agencies
specifically those funded under foreign development assistance to ensure in the
development process pursuant to RA 7192.
3. All government project proposals shall ascertain the inclusion of gender responsive
indicators and guidelines focusing on roots of women’s oppression, pursuant to the
United Nations Declarations of which the Philippine Government is a signatory.
4. All local governments departments and agencies in the municipality of Balete shall
review and revise all their regulations, circulars, issuances and procedures to remove
gender biases herein and shall complete the same within two years.
5. The Gender and Development Inter-Agency Committee of the Municipality of Balete
shall be actively consulted in matters dealing with official development assistance or
foreign aid so as to determine gender biases and implications on women.
Section 4. Definition of Terms. The following terms or phrases used in this Code
shall mean as follows:
1. Battering – a series of physical, emotional and psychological abuse. It is repeated and
habitual cyclic patterns as means of intimidation and imposition of the batterer’s will and
control over the survivor’s life. It constitutes the following kind of behavior but is not
limited to:
a. Sexual battering – this includes physical attacks on the woman’s breast, genital
or forced sexual activity;
b. Psychological battering – this includes threats of suicide, violence against
women or her family, punching holes in the walls, threatening to take the children
away, threatening deportation of wives with foreign citizenship, threatening to
kidnap children or take them to a country and forcing the victim to do degrading
things. It may also include controlling the victim’s lawful or usual activities, the
use of foul words or statements and threats or abandonment and expulsion such as
forcing the wife to leave the conjugal dwelling. This provision shall likewise
apply to common-law relations but does not include adulterous ones as
contemplated in the Revised Penal Code.
c. Economic battering – this includes deprivation of women of economic
resources, their generation and mobilization so as to create dependency and
submissiveness to men and to any established structures of domination.
d. Premeditated and intentional destruction of property and pets usually the
victim’s favorite.
2. Benefit Dance/ Disco – refers to a dance in the locality where women are
commoditized for fund raising purposes.
3. Collateral relatives – next of kin who are not in direct line or inheritance such as
cousin
4. Commoditization of Women – is a practice which puts women in a subordinated
situation, which results in the treatment of women as both consumers and objects of
consumption, as consumers women are allured to buy beauty products to enhance their
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ARTICLE II
GENDER AND DEVELOPMENT PROGRAM
Section 13. Sufficient Budget for Basic Social Services. An amount necessary to
underwrite basic social services for women and children in extremely difficult
circumstances shall be allocated from any available source of funds.
Section 15. Gender Sensitivity Training for Barangay Tanods. There shall be a
gender sensitivity training for Barangay Tanods.
ARTICLE III
HEALTH
Section 17. Statement of Policy. No woman shall be denied basic health and
services such as those declared by World Health Organization as necessary to respond to
basic health needs especially those that relate to maternal health care on purely financial
grounds or lack of access thereto.
Section 18. Budget for Women’s Health. A substantial portion of the health
budget of the municipal government shall be allocated for women’s health and services
Section 19. Women’s Right Over Their Bodies. Women’s decision to prevent
and control pregnancy without necessarily resulting to abortion shall be given appropriate
support and guidance by all health, professionals, private and public at very minimal cost.
Section 21. Gender Fair Health Care Delivery Service. The Municipal Health
Officer shall ensure that health care services are not discriminating on account of gender,
age, religion or political affiliation.
Section 22. Reproductive Health Care – The Municipality shall adopt the
Reproductive Health Care approach at the levels of health care delivery. Such approach
shall integrate many issues not previously considered central to population such as
sexuality, reproductive tract infection and gender relations and shall not be limited to
family planning and child bearing.
Section 25. Protection Against Drug Abuse. A special task force shall be
created and sustained by the municipality for the protection against drug abuse and
proliferation of illicit drugs.
ARTICLE IV
EDUCATION AND TRAINING
Section 27. Women Literacy and Adult Education. In cooperation with the
Department of Education, non-formal education classes for all shall be held in identified
schools in the municipality to facilitate working persons’ access to education. Anyone
desiring to engage in functional and practical education shall be enlisted in the adult
education program which shall be set-up in the municipality.
Section 28. Gender Fair Curricula. The municipality shall ensure that the
curricula in all schools at all levels in the municipality promote complementary roles
between women and men and provide gender-sensitive materials and gender sensitivity
orientation to every class.
Section 30. Sex Education. Sex education for the pre-puberty ages shall be
introduced in the right way, at the right place and by the right people. Understanding
human sexuality is an intimate and personal matter that is a concern not only of parents
but also of other institutions that have the competence to carry out such obligation of
molding children in the context of Godly life and love.
ARTICLE V
LABOR, EMPLOYMENT AND ECONOMIC OPPORTUNITIES
Section 32. Statement of Policy. The municipality shall ensure that all
departments and agencies shall engage in and expand their socio-economic programs to
include women as beneficiaries and implement programs and projects designed to further
capacitate women to empower them to access medium and large scale economic
opportunities.
Section 33. Equal Access to Employment and Training Program. No one shall
be denied of employment opportunity on account of gender, age, ethnicity, creed, religion
and civil status, as prescribed in the Labor Code as amended by RA 6725. Likewise, no
one shall be denied of training and promotion in employment.
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Section 34. Wage and Benefits. Every employee shall comply with the minimum
wage as prescribed by the Regional Wage Board and shall grant all benefits to all
employees such as maternity/paternity leave, sick and vacation leave, retirement
termination and other benefits provided by law.
Section 42. Healthy and Gender Fair Work Environment. The Municipal
Government shall ensure that the work place, private or public, actualizes the principle of
equality between women and men in all aspects of their employment. For this purpose,
employers are required to provide seats proper for women and permit them to use such
seats when they are free from each and during walking hours, provided they can perform
their duties in this position without detriment to efficiency and provide workers with the
necessary gear to guard against the detrimental effects of the nature of their functions
such as the special support stocking for female workers required to perform their
functions in standing position.
Section 43. Benefit for Post – Partum Women. Women with children 0-6
months old shall be entitled to a 30-day leave without pay to be availed of within the first
six months of child delivery, provided that this benefit is separate and distinct from any
existing maternity benefits provided for by existing laws, provided further that if the
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employer is already providing similar benefit over and above what is existing laws,
require, such benefit being provided shall be credited in compliance thereof.
Section 47. Spousal Support. Women and their children are by law entitled to
support from their spouses for this purpose. All agreements or settlements arrived at the
barangay level relative to the support of the family shall be final and executory.
Innovations of the agreement shall be allowed only if the same is advantageous to the
children.
ARTICLE VI
POLITICAL AND PUBLIC SPHERE OF WOMEN AND CHILDREN
Section 48. Statement of Policy .The Municipality shall ensure the fundamental
equality before the law of men and women open as an arena for their active participatory
role in the development process.
ARTICLE VII
SUPPORT SERVICES
Section 59. Psychological Program. Women and children who are survivors of
all forms of violence shall be registered in psychosocial programs which shall be carried
out by the Municipal Social Welfare and Development Office, Municipal Gender and
Development Office, Municipal Health Office, and other related agencies as provided in
Implementing Rules and Regulations of the Code.
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Section 61. Women’s and Children’s Desk (WCD’s). The Municipality shall
establish and maintain the women and children’s desks handled by women police officers
and duly trained GAD personnel. The municipal police station shall have a separate
WCD room.
Section 62. Role of Female Police Officer. Complaints of battering and other
forms of abuse against women and children shall be handled by female officers in the
local police who shall undergo special courses on handling cases affecting abused
women, and whose character and credibility do not violate the accepted ethical standards
in handling such cases.
Section 64. Support Services for Women in the Entertainment Industry. The
Municipal Government shall provide socio-economic support services for women in the
entertainment industry in its desire to concretely respond to their practical needs. The
MSWDO and the PESO shall make available alternate sources of income and livelihood
to women engaged in entertainment industry or places of amusement.
Section 67. Support and Development of Day Care Centers. The Municipal
Government of Balete shall ensure that day care centers are set-up in all barangays. Day
care centers existing in the barangays shall be responsive to the need of the community to
provide childcare assistance to parents in order that they may be able to engage in
economically productive activities. For this purpose, day care centers shall give priority
to children aged 3-4 years old.
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Section 68. Legal Education and Counseling. The Municipal Government shall:
68.1 Undertake legal education and training for community leaders, Barangay
officials and members of the Lupong Tagapamayapa on legal counseling and
arbitration to capacitate community workers to facilitate resolution of cases and
family conflicts at the barangay level in coordination with the Municipal Social
Welfare and Development Office and concerned government organization
(NGOs).
68.2 Undertake a special para-legal training on gender issues and related matters
for members of the Lupong Tagapamayapa for all barangays in the municipality
in partnership with the Liga Ng Mga Barangay and other non-government
organizations.
Section 69. Medico Legal Desk for Women. The Municipal Health Officer shall
create a medico legal desk for women to attend to women’s special medical needs.
Section 70. Support Fund for the Senior Citizens Affairs. The Municipal
Government shall allocate funds for livelihood assistance, routine physical check-up,
social group work programs and other appropriate socio-economic activities for the
senior citizens.
Section 71. Support to Persons in Detention. The rights of all detainees shall be
protected as follows:
71.1 Speedy trial of the cases shall be ensured by all concerned;
71.2 An appropriate program shall be designed to respond to their specific needs
and problems as detainees;
71.3 Separate structure, space for detention and rehabilitation for women and men
shall be established.
CHAPTER II
MISCELLANEOUS AND PENAL PROVISIONS
ARTICLE I
PROTECTION AGAINST VIOLENCE AND DISCRIMINATION OR ABUSE
Section 72. Sexual Abuse. Sexual abuse shall include but is not limited to the
following *:
72.1 When a man inserts or attempts to insert his penis into the mouth or anus of a
woman against her will or under any of the following situations, through force,
threat or intimidation by means of abuse of authority or relationship when the
offended party is deprived of reason or otherwise unconscious.
72.2 When an offended party is below 12 years old even though none of the above
circumstances is present;
72.3 When a person inserts or attempt to insert part of his or her body other than
the sexual organ or introduces any object or instrument into the genital or anus of
a woman against her will or under any of the situations stated in paragraph
number 1 above.
72.4 When a person subjects another to have sexual intercourse with an animal
under any of the circumstances stated in the paragraph or through any abnormal,
unusual or ignominious sexual act.
72.5 Any intentional contact however slight of one’s penis to the genital, mouth,
breast or anus of a woman or intentional contact thereof, however slight, to any
part of her body other than her sexual organ, or the use of any instrument or
object which intentionally touches the genital, breast or anus of a woman.
72.6 Sexual Abuse in intimate marital relations. Forced sexual act committed
under intimate or marital relations shall form part of sexual abuse such as those
between man and woman, woman and woman, man and man relations married or
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unmarried legally separated or separated in fact. Any person found guilty of the
commission of this act shall suffer the penalty of imprisonment for a period of not
less than 6 month and a fine of 2,500 or both at the discretion of the court.
Section 73. Physical Violence. Any intentional act that causes physical harm or
hurt to the victim.
Section 75. Economic Violence. This includes depriving the victim of economic
resources or their generation and mobilization so as to create forced dependence and
submissiveness to the offender.
Section 77. Domestic Violence and Sex Trafficking. Any of the acts defined
under sections 72 to 76 above shall constitute domestic violence when the offender or
perpetrator is a member of the family of the victim or offender party within the fourth
civil degree of consanguinity or affinity; provided, however that in case the violence
committed is between persons living as husband and wife, parent and child or between
persons with common child/children whether living together or not, the violence
committed shall be deemed as domestic violence regardless of the legitimacy of the
relationship between them.
77.1 Sex Trafficking in Women. It is unlawful for any person, association cult,
religion or similar activities to commit the following acts: *
a. establish or carry on a business for the purpose of exploiting women for
purposes of sex, sex slavery, sex trade, sex tours and other immoral activities.
b. Advertise, publish, print or distribute or cause the advertisement, publication,
printing or distribution of any brochure, flyer or propaganda material
calculated to promote the above mentioned prohibited acts.
c. Solicit, enlist or attract/endorse any woman to join any club, association or
organization whose objective is to match women for marriage to foreigners
either on mail to order basis or through personal introduction or cyberspace or
any other forms which facilitate the commission of the following acts:
1. to buy or sell a woman, or any of her body parts.
2. to act as a procure of a sex worker
3. to threaten or force a woman to become a mail order bride
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Section 78. Solicitation. It is unlawful for any person to solicit a woman’s service
for sexual purposes regardless of whether the solicitor profits or not from such acts.
Penalty for the commission of these acts shall be dependent to the prevailing laws and
regulations.
Section 79. Other forms of Trafficking in Women. Any person or agency who
encourages, influences or recruits for work abroad or locally for a particular job on a
promise of a fee instead, forced and deceived to engage in prostitution domestic help or
other odd jobs shall be penalized by an imprisonment of 4 months or a fine of 2,500.00 or
both, at the discretion of the court. Persons liable thereof, may also be prosecuted and
penalized in accordance with RA 6955, an act which outlaws the practice of matching
Filipinos for marriage to foreign nationals on mail order basis.
Section 80. Sexual Harassment. Other than the acts defined as constitutive of sexual
harassment under RA 7877, the following shall constitute sexual harassment punishable
under this ordinance, some of which are covered by the Revised Penal code under acts of
Lasciviousness.
80.1 Persistent telling of offensive jokes or other analogous statements despite
having been previously requested to refrain from doing so;
80.2 Taunting a person with constant talk about sex and sexual innuendoes;
80.3 Displaying offensive or loud pictures and publications in the workplace;
80.4 Interrogating someone about their sexual activities or private life except on
physical or examination purposes;
80.5 Making offensive hand or body gestures at someone;
80.6 Repeatedly asking for dates despite verbal rejection
80.7 Staring or leering maliciously;
80.8 Touching, pinching or brushing up against someone’s body unnecessarily or
deliberately;
80.9 Kissing of embracing someone against her will;
80.10 Requesting sexual favors in exchange for a good grade obtaining a good job,
promotion;
80.11 Cursing, whistling, or calling a woman in public with words having dirty
connotations or implications which ridicules humiliates or embarrasses the woman,
such as “puta”, “peste”, “puñita”, etc.
80.12 Any other unnecessary acts during physical examinations;
80.13 Requiring a woman to wear suggestive or provocative attire during
interviews, such as on job hiring, promotions.
Section 81. Other Prohibited Acts. The following acts are hereby declared
prohibited:
81.1 Pornographic Pictures and Publication. Printing, publication, display in any
place openly accessible to children or distribution of visual materials where women
appears scantily clad or otherwise depicting women as sex objects;
81.2 Indecent Shows. Public staging of indecent shows or shows offensive to the
sensibilities of the public or tends to corrupt the morality of the youth.
staging or shows, on beauty contests involving women and children. Organizers of beauty
contests violating these provisions shall be subject to a penalty such as the following:
a. For business organizations – cancellation of business permit or a fine of not less
than P1,000.00 but not more than P2,500 or as prescribe in the implementing rules
and regulations.
b. For representatives of agencies, departments or local government units –
suspension for one month without pay or a fine of not less than P1,000.00 but not
more than P2,000.00 or others as maybe prescribed in implementing rules and
c. For educational institution, charity or welfare organizations - a fine as maybe
prescribed in the implementing rules and regulations.
Section 83. Forced Marriage. No woman shall be forced to marry without her
consent. Any person committing fraudulent or coercive acts to effect a forced marriage
shall be held liable under this code by imprisonment of six months and a fine of
P1,000.00 or both at the discretion of the court. However, the customs and traditions of
the indigenous people shall be taken into consideration and duly respected.
Section 84. Husband and Wife Battering. Husband and wife battering shall be
punishable from one month to one year imprisonment or a fine of P1,000.00 to P2,000.00
or both subject to the discretion of the court. Other forms of battering as defined in this
code shall be covered by the same penalty.
Section 85. Fund Raising Initiatives. Fund raising initiatives refers to any
activity whether in whole or in part, integrated in any raffle draw, benefit or disco dance
or any similar fund raising undertaking where women are used as donor prize, substitute
for cash prizes won, a companion package for an award, prize or recognition or any
manner, activity come-on display or exhibit which depicts a woman as central, partial or
special focus in order to raise funds. Violations of this provision as defined in this code
shall cover the same penalty prescribed in Section (81-3) or subject to the discretion of
the court.
ARTICLE II
LABOR & EMPLOYMENT
Section 86. Equal Access to Job Training and Promotion. No woman shall be
deprived of job training and promotion on account of her gender, age, ethnicity, cruel
religion and cruel status. Violation by private employers shall constitute a fine of
P2,500.00 and cancellation of business permit or as prescribed by the Court. A
government unit or agency head of office that violates this provision shall be held liable
through a penalty of one month suspension or a fine of P1,000.00 or as prescribed by the
prevailing rules and regulation.
Section 87. Wage Benefits for Women. Employers shall comply with the
minimum wage requirement as stipulated by the Regional Wage Board or passed by the
Congress and shall grant all the benefits to all women employees as maternity leave,
retirement, termination and other benefits provided by law. Violation of this provisions
by private employers shall constitute a fine of P2,500.00 and cancellation of business
permit or as prescribed by the court. A government unit or agency head of office that
violates this provision shall be held liable through a penalty of one month suspension or a
fine of P1,000.00 or as prescribed by the Court.
Section 87. Facilities and Support System for Women. The Municipal
Government of Balete shall ensure the safety and health of women employees in
appropriate cases as defined in this code. Violation by private employers shall constitute
a fine of P2,500.00 and a cancellation of business permits or as prescribed by the court. A
government unit or head of office that violates this provisions shall be held liable through
a penalty of one month suspension and a fine of P1,000.00.
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Section 89. Orientation on Sexual Harassment. All local offices, agencies and
establishments or companies both in government and private, within the Municipality
shall conduct orientations on sexual harassment. Failure to comply with this provision
shall mean payment of a fine of not more than P2,500.00.
ARTICLE III
WOMEN IN THE ENTERTAINMENT INDUSTRY
ARTICLE IV
HEALTH RIGHT
ARTICLE V
SOCIO ECONOMIC BENEFIT FOR WOMEN
Section 90. Banks, Financial Institution and Cooperative Support System. All
banks, financial institutions and cooperatives are encouraged to open special windows for
lending to women including young women who lack access to traditional sources of
collateral. This process ensures and protects the economic rights of women.
ARTICLE VI
SPECIAL GROUP OF PERSONS
ARTICLE VII
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ARTICLE VIII
PROMOTION OF ENVIRONMENT FRIENDLY TECHNOLOGIES
ARTICLE IX
Section 94. Gender and Development Orientation Training. All schools, office
establishment or companies, department and agencies including Municipal and Barangay
officials shall initiate gender sensitivity orientation and training which shall equip them
with theoretical and practical knowledge on gender issues and concerns. Likewise,
schools, colleges and universities shall develop assessment tools for gender-bias. Non-
compliance of this provision shall require the concerned party to pay a fine of P2,000 and
issuance of warming by the Municipality through the Gender and Development Council.
ARTICLE X
PROVISIONS FOR IMPLEMENTATION
Section 95. Creation of Gender and Development Desk. The GAD Desk shall
be created by virtue of this ordinance which shall be under the Special Project Division of
the Municipal Planning and Development Office. The GAD Desk shall be responsible for
the implementation of this ordinance in close coordination with the Gender and
Development Inter-agency Committee, a consultative assembly on the Municipal GAD
Program.
Section 97. Functions of GAD Desk. The GAD Desk shall act as the lead
convenor and Secretariat to the GAD-IAC. For this purpose, it shall:
a. Coordinate with different NGAs, PGAs, LGUs and private sector
b. Provide administrative and technical assistance to the GAD-IAC
c. Mobilize various sectors for gender programs and projects
d. Design capability building programs in relation to GAD
e. Conduct advocacy program and trainings in relation to GAD
f. Provide assistance to women and children in especially difficult circumstance
g. Evaluate and monitor the GAD program of the municipality
Section 98. Rules and Regulations. The GAD-IAC shall promulgate the rules
and regulations to carry out the provisions of this ordinance. It shall be convened
periodically throughout the formulation of the Implementing Rules and Regulations
(IRR). Official representatives of the various agencies of the Municipal Government and
women NGO’s involved in the process of drafting of this Code shall be involved in the
formulation of the IRR. A Technical Working Committee shall be formed for effective
and efficient formulation of the Implementing Rules and Regulations. Such rules and
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regulations shall take effect upon their publication in two local newspapers of general
circulation.
Section 99. Funding. For the effective implementation of this ordinance, the
Municipal Government shall appropriate the amount necessary from the Special
Development Assistance as stipulated in RA 7192. It shall also appropriate five (5%)
from its Annual Development Fund. GAD Desk Coordinator GAD Monitoring Officer
Clerk
CHAPTER III
FINAL PROVISIONS
Section 101. Separability Clause. If for any reason, any portion or provision of
this Code is declared unconstitutional or invalid, the other sections or provisions hereof
which are not affected thereby shall continue to be in full force and effect.
Section 102. Supplementary Clause. On matters not provided for in this Code,
any existing applicable laws and their corresponding Implementing Rules, Executive
Orders and relevant issuances issued therefore shall apply in a supplemental manner.
Section 103. Effectivity Clause. This code shall take effect upon compliance of
the mandatory posting and publication requirement prescribed under RA 7l60 otherwise
known as the Local Government Code of 1991.
(SGD)
AL F. DE LA CRUZ
Secretary to the Sanggunian
ATTESTED:
(SGD)
RIZAL G. RODRIGUEZ, JR.
Vice Mayor/Acting Presiding Officer
APPROVED:
(SGD)
TEODORO V. CALIZO, JR.
Municipal Mayor
Date of Approval: March 21, 2006