GAD CODE CMC Final REvised

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“THE ENHANCED GENDER AND DEVELOPMENT CODE

OF THE MUNICIPALITY OF MALUNGON”

Authored by:
Carmela M. Constantino
Romel Retuya

WHEREAS, The 1987 Philippine Constitution Article II Section 14 provides that the State
recognizes the role of women in nation-building, and shall ensure that fundamental equality
before the law of women and men;

WHEREAS, Republic Act No. 9710, otherwise known as the "Magna Carta of Women," affirms
the state's commitment to the elimination of discrimination against women and the recognition of
their rights in various spheres of society;

WHEREAS, Republic Act No. 7192, known as the "Women in Development and Nation-Building
Act," recognizes women's equal rights and opportunities in national development;

WHEREAS, Republic Act No. 7160, otherwise known as the Local Government Code of 1991,
empowers local government units to enact measures promoting the general welfare of its
constituents, including the formulation of gender-responsive policies and programs;

WHEREAS, the Municipality of Malungon is committed to ensuring the promotion of gender


equality, the elimination of gender-based discrimination, and the empowerment of all individuals
within its jurisdiction;

WHEREAS, discrimination is a crucial and serious issue which still pervades especially against
persons with disability, senior citizens and elderly, children and youth, people living with Human
Immunodeficiency Virus (HIV), women, Lesbian, Gays, Bisexuals, Transgender (LGBT+),
people with different religious persuasion, and indigenous peoples;

WHEREAS, the Philippines is a state party to several international agreements such as the
Universal Declaration of Human Rights (UDHR), Convention on the Elimination of all forms of
Discrimination Against Women (CEDAW), Convention on the Elimination of all forms of Racial
Discrimination (CERD), International Convention on Civil and Political Rights (ICCPR), United
Nations Convention on the Rights of the Child (UNCRC), a legally-binding international
agreement setting out the civil, political, economic, social and cultural rights of every child,
regardless of their race, religion or abilities, and United Nations Convention on the Rights of
Persons with Disabilities (UNCPRD) which instruments aim to eliminate all forms of
discrimination and abuse; as well as the generally accepted principles of international law such
as those but not limited to the 1981 Declaration on the Elimination of All Forms of Intolerance
and Discrimination based on Religion or Belief, the 1993 UN General Assembly Resolution on
Elimination of all Forms of Racial Discrimination;
WHEREAS, on June 17, 2011, the United Nations Human Rights Council adopted Resolution
17/19 (Human Rights, Sexual Orientation and Gender Identity), which paved the way for the
United Nations Office of the High Commissioner for Human Rights (OHCHR) to issue the first
UN Report in human rights and sexual orientation and gender identity (SOGI). In the report,
evidence of the discrimination faced by people because of their sexual orientation or gender
identity was presented, including inequities in employment, access to health treatment, care,
and support (TCS) and education, as well as criminalization, physical violence and murder
(OHCHR, 2011). High Commissioner Navi Pillay challenged UN member states to help write a
new chapter in UN history by ending discrimination faced by people of diverse sexual orientation
and gender identity and expression;
WHEREAS, pursuant to the democratic precept which places a high premium on the
importance of fundamental human rights and entitlements, every person must be given equal
access to opportunities in all fields of human endeavors and to equitable sharing of social and
economic benefits for them to freely exercise the rights to which they are rightfully entitled free
from any prejudice and discrimination;
WHEREAS, the Gender and Development Code of the Municipality of Malungon declares to
develop plans, policies, programs, measures, and mechanisms to eradicate any forms of
discrimination and inequality in the economic, political, social, and cultural life of every person
regardless of their class, marital status, age, sex, gender, language, ethnicity, religion, ideology,
disability, education, and status;
NOW THEREFORE, be it resolved as it is hereby resolved that the following ordinance be
approved: “THE ENHANCED GENDER AND DEVELOPMENT CODE OF THE MUNICIPALITY
OF MALUNGON”.
CHAPTER 1
GENERAL PROVISION

ARTICLE I. TITLE, DECLARATION OF POLICY, SCOPE, LEGAL BASIS, DEFINITION OF


TERMS

SECTION 1. TITLE. This ordinance shall be known as the ENHANCED GAD CODE OF
MALUNGON 2023.

SECTION 2. DECLARATION OF POLICY. The enhanced GAD Code of Malungon is a


concrete manifestation of the Municipal Government’s strong adherence to democratic
principles that all humans in civil society are equal. It is the general principle and policy of the
Local Government of Malungon to promote women's empowerment, gender equality, women's
human rights, and gender-responsive development, as an indispensable social intervention in
the task of building a progressive yet peaceful and harmonious community.

This significant initiative is aimed at mainstreaming all gender concerns, ensuring


fundamental equality before the law of everyone in nation-building, expanding their active
participation in the development processes, and providing opportunities for all sectors in
achieving gender equality and gender equity.

Thus, the Municipality shall assure the promotion of gender empowerment to enable the
vulnerable sector to become active agents of development. Towards this end, the Local
Government Unit of Malungon shall pursue and implement vigorously gender responsive
development policies, design and integrate support systems, taking into consideration various
gender concerns, immediate economic survival with support for their efforts of empowerment
and self-determination, and to adopt and implement measures to protect and promote their
rights.

To realize this, the Municipality of Malungon shall endeavor to develop plans, policies,
programs, measures, and mechanisms to eradicate discrimination and inequality in the
economic, political, social, and cultural life of all gender. It condemns discrimination against all
genders in all forms and pursues all appropriate means without delay the policy of eliminating
discrimination against women in keeping with the Convention of the Elimination of All Forms of
Discrimination against Women (CEDAW), and the Universal Declaration of Human Rights
(UDHR) and other national and international agreements and laws.

The Municipality of Malungon shall accord all constituents rights, protection, and
opportunities available to every member of the society and shall intensify its efforts to fulfill its
duties under international and domestic laws without discrimination on account of class, marital
status, age, sex, gender, language, ethnicity, religion, ideology, disability, education, and status.

The Municipality shall ensure the full integration of women’s empowerment and gender
equality concerns in the mainstream of development, shall provide ample opportunities for
women to enhance and develop their skills, acquire productive employment and contribute to
their families and communities to the fullest of their capabilities.

In pursuance of this policy, the Municipality of Malungon reaffirms the right of all sectors
to participate in policy formulation, planning, organization, implementation, management,
monitoring, and evaluation of all programs, projects, activities, and services. It shall support
policies, research, technologies, training programs, and other support services such as
financing, production, and marketing to encourage active participation of all gender in local and
national development.

SECTION 3. SCOPE. This ordinance shall be implemented within the territorial


jurisdiction of the Municipality of Malungon covering all Barangays and the Ancestral Domain of
the Blaan and Tagakaulo.

SECTION 4. MANDATES AND LEGAL BASIS. The enactment of the GAD Code is in
consonance with the existing national laws, policies, and international commitments for the
Local Government Unit to be at the forefront in addressing all gender-based issues, as
hereinafter identified:

SECTION 4.1. INTERNATIONAL POLICIES


1. The UN Convention on the Elimination of All Forms of Discrimination Against
Women (UN-CEDAW) articulates the economic, political, and socio-cultural rights
of women.
2. The Beijing Platform of Action (BPA) agreed during the 4 th World Conference on
Women and its succeeding updates;
3. United Nations Convention on the Rights of the Child;
4. Sustainable Development Goals;
5. Universal Declaration of Human Rights (UDHR);
6. International Covenant on Civil and Political Rights (ICCPR);
7. Other international conventions and treaties on social development, environment,
population, and development

SECTION 4.2. NATIONAL LAWS AND POLICIES

1. Article II, Section 14 of the 1987 Constitution which states that the “State
recognizes the role of women in nation-building and shall ensure the fundamental
equality before the law of women and men.”;

2. Article XIII, Section 14 of the 1987 Constitution which recognizes women’s


maternal and economic role.;
3. Article XIII, Section 11 of the 1987 Constitution which recognizes women’s
special health needs;

4. RA 6725: “An Act Strengthening the Prohibition on Discrimination Against


Women with Respect to Terms and Conditions of Employment, amending for the
Purpose Article One Hundred Thirty-Five of the Labor Code, as amended.”;

5. RA 6955: “An Act Declaring Unlawful the Practice of matching Filipino Women for
Marriage to Foreign Nationals on a Mail–Order basis and other similar practices,
including the Advertisement, Publication, printing or Distribution of Brochures,
Flyers, and other Propaganda materials in Furtherance and providing Penalty
thereof.”;

6. RA 7160: Local Government Code of 1991 which mandates LGUs to promote


the general welfare and provide basic services and facilities to constituents;

7. RA 7192: “ An Act Promoting the Integration of Women as Full and Equal


Partners of Men in Development and Nation Building and for Other Purposes.”;

8. RA 7322: “ An Act Increasing Maternity Benefits in Favor of Women Workers in


Private Sector, Amending for the Purpose Section 14-A of RA 1161, as
amended, and for other purposes.”;

9. RA 7688: “An Act Giving Representation to Women in the Social Security


Commission, amending for the Purpose Section 3 (A) of RA No. 1161, as
amended.”;

10. RA 7882: “An Act Providing Assistance to Women Engaging in Micro and
Cottage Business Enterprises and for Other Purposes.”;

11. RA 7877: “An Act Declaring Sexual Harassment Unlawful in the Employment,
Education or Training Environment, and for other Purposes.”;

12. RA 8042: “Migrant Workers and Overseas Filipino Act of 1995.”;

13. RA 8171: “An Act Providing for the Repatriation of Filipino Women Who Have
Lost Their Philippine Citizenship by Marriage to Aliens and of Natural-Born
Filipinos.”;

14. RA 8353: “An Act Expanding the Definition of Rape, Reclassifying The Same As
a Crime Against Persons, Amending for the Purpose RA No. 3815, as amended,
otherwise known as the Revised Penal Code and Other Purposes,”

15. RA 8505: “An Act Providing Assistance and Protection to Rape Victims,
Establishing for the Purpose A Rape Crises Center in every Province and
City, Authorizing the Appropriation of Funds Therefore, and for other Purposes.”;

16. RA 9208: “An Act to Institute Policies to Eliminate Trafficking in Persons


Especially Women and Children, Establishing the Necessary Institutional
Mechanisms for the protection, and Support of Trafficked persons, Providing
Penalties for its Violations and for other purposes.”;
17. RA 9262: “An Act Defining Violence Against Women and Their Children
Providing for Protective Measures for Victims, Prescribing Penalties Therefore,
and for other purposes.”;

18. RA 9710: The Magna Carta of Women;

19. RA 9231 - An act providing for the elimination of the worst forms of child labor
and affording stronger protection for the working child, amending for this purpose
Republic Act No. 7610, as amended, otherwise known as the “ Special Protection
of Children Against Child Abuse, Exploitation and Discrimination Act”

20. RA 8972: “An Act Providing for Benefits and Privileges to Solo Parents and Their
Children, Appropriating Funds Therefor and for other Purposes.”;

21. RA 9208: “Act which institutionalized Policies to Eliminate Trafficking in Persons


Especially Women and Children Establishing the Necessary Institutional
Mechanisms for the Protection and Support of Trafficked Persons, Providing
penalties for its Violations, and for Other Purposes.”;

22. RA 10354: “An Act Providing for a National Policy on Responsible Parenthood
and Reproductive Health.”;

23. RA 8551: “An Act Providing for the Reform and Reorganization of the Philippine
National Police.”;

24. RA 6972: “Act Establishing a Day Care Center in Every Barangay.”;

25. RA 7600: “An Act Providing Incentives to All Government and Private Health
Institutions with Rooming-In and Breastfeeding Practices and for Other
Purposes.”;

26. RA 6949: “An Act to Declare March 8 of Every Year is Hereby Declared as a
Special Working Holiday to be Known as National Women’s Day.”;

27. RA 11313: “An Act Defining Gender-Based Sexual Harassment in Streets, Public
Spaces, Online, Workplaces, and Educational or Training Institutions, Providing
Protective Measures and Prescribing Penalties Therefor.”;

28. RA 11861: Expanded Solo Parents Welfare Act of 2000;

29. RA 11648: “An Act Providing For Stronger Protection Against Rape And Sexual
Exploitation And Abuse, Increasing The Age For Determining The Commission
Of Statutory Rape, Amending For The Purpose Act No. 3815, As Amended,
Otherwise Known As “The Revised Penal Code,” Republic Act No. 8353, Also
Known As “The Anti-Rape Law Of 1997,” And Republic Act No. 7610, As
Amended, Otherwise Known As The “Special Protection Of Children Against
Abuse, Exploitation And Discrimination Act.”;

30. RA 11648: “An Act Promoting For Stronger Protection Against Rape And Sexual
Exploitation And Abuse, Increasing The Age For Determining The Commission
Of Statutory Rape, Amending For The Purpose Act No. 3815, As Amended,
Otherwise Known As "The Revised Penal Code," Republic Act No. 8353, Also
Known As "The Anti-Rape Law Of 1997," And Republic Act No. 7610, As
Amended, Otherwise Known As The "Special Protection Of Children Against
Abuse, Exploitation And Discrimination Act.”;

31. RA 11930: “An Act Punishing Online Sexual Abuse Of Exploitation Of Children,
Penalizing The Production, Distribution, Possession And Access Of Child Sexual
Abuse Or Exploitation Materials, Amending Republic Act No. 9160, Otherwise
Known As The “Anti-Money Laundering Act Of 2001”, As Amended And
Repealing Republic Act No. 977, Otherwise Known As The “Anti-Child
Pornography Act Of 2009.”;

32. RA 11861: “An Act Granting Additional Benefits To Solo Parents, Amending For
The Purpose Republic Act No. 8972, Entitled “An Act Providing For Benefits And
Privileges To Solo Parents And Their Children, Appropriating Funds Therefor
And For Other Purposes.”;

33. RA 11596: “An Act Prohibiting The Practice Of Child Marriage And Imposing
Penalties For Violations Therefore.”;

34. RA 11210: “An Act Increasing The Maternity Leave Period To One Hundred Five
(105) Days For Female Workers With An Option To Extend For An Additional
Thirty (30) Days Without Pay, And Granting An Additional Fifteen (15) Days For
Solo Mothers, And For Other Purposes.”;

35. RA 11166: “An Act Strengthening The Philippine Comprehensive Policy On


Human Immunodeficiency Virus (Hiv) And Acquired Immune Deficiency
Syndrome (Aids) Prevention, Treatment, Care, And Support, And, Reconstituting
The Philippine National Aids Council (Pnac), Repealing For The Purpose
Republic Act No. 8504, Otherwise Known As The "Philippine Aids Prevention
And Control Act Of 1998", And Appropriating Funds Therefor.”;

36. RA 7877: “An Act Declaring Sexual Harassment Unlawful In The Employment,
Education Or Training Environment, And For Other Purposes.”;

37. RA 10398: “National Consciousness Day for the Elimination of Violence Against
Women and Children.”;

38. RA 11223: “An Act Instituting Universal Health Care for All Filipinos, Prescribing
Reforms in the Health Care System, and Appropriating Funds Therefor.”;

39. RA 10627: “An Act Strengthening The Philippine Comprehensive Policy On


Human Immunodeficiency Virus (HIV) And Acquired Immune Deficiency
Syndrome (AIDS) Prevention, Treatment, Care, And Support, And Reconstituting
The Philippine National Aids Council (PNAC), Repealing For The Purpose
Republic Act No. 8504, Otherwise Known As The “Philippine Aids Prevention
And Control Act Of 1998”, And Appropriating Funds Therefor.”;

40. RA 8172: The Act for Salt Iodization Nationwide (ASIN LAW);

41. Section 28 of the General Appropriations Act (GAA) from 1995 to 2000 directing
government entities to formulate a GAD plan, the cost of which shall not be less
than five percent (5%) of their yearly budget, otherwise known as the GAD
budget;
42. Executive Order (EO) 273 which directs all government agencies to
“institutionalize GAD efforts in government by incorporating GAD concerns in
their planning, programming and budgeting processes. It also mandates
agencies to incorporate and reflect GAD concerns in their agency performance
commitment contracts, annual budget proposals and work and financial plans;

43. Local Budget Memorandum No. 28 which directs local government units to
mobilize resources to mainstream and implement gender and development
programs using the five percent (5%) development fund;

44. Joint Circular No. 2001-1 of the Department of Budget and Management,
National Economic Development Authority and the National Commission on the
Role of Filipino Women which provides for the Guidelines for Integrating Gender
and Development (GAD) in the Local Planning and Budgeting System through
the Formulation of GAD Plans;

45. Joint Circular No. 2004-1 of the Department of Budget and Management,
National Economic Development Authority and the National Commission on the
Role of Filipino Women which provides for the Guidelines for the Preparation of
Annual Gender and Development (GAD) Plan and Budget and Accomplishment
Report to Implement the Section on Programs/Projects Related to GAD of the
General Appropriations Act;

46. Civil Service Commission Memorandum Circular No 12, Series of 2005


encourages all heads of Constitutional Bodies, Departments, Bureaus, Offices
and agencies of the national government, local government units, state
universities, and colleges, government-owned and or controlled corporations the
use non-sexist language in all its official documents, communications and
issuances;

47. Philippine Plan for Gender Responsive Development (PPGD) 1995-2025 which
envisions a society that promotes gender equality and women’s empowerment
and upholds human rights, among other development goals;

48. Framework Plan for Women which encourages agencies to promote gender-
responsive governance, protect and fulfill women's human rights, and promote
women's economic empowerment;

SECTION 4.3. LOCAL POLICIES AND LAWS:

1. Ordinance No. 2021-145-14: An Ordinance Enacting The Revised Child Welfare


Code Of The Municipality Malungon;

2. Ordinance No. 2021-154-14: An Ordinance Providing Guidelines On The


Localization Of The Safe Spaces Act In The Municipality Of Malungon;

3. Ordinance No. 2021-155-14: An Ordinance Declaring The Second Week Of


August Every Year As “Linggo Ng Kabataan” In The Municipality Of Malungon,
Sarangani Province And Providing Funds For The Implementation Thereof;
4. Ordinance No. 2021-158-14:An Ordinance Establishing Adolescent Sexual And
Reproductive Health Facilities In The Municipality Of Malungon And Providing
Policy Guidelines Thereof;

5. Ordinance No. 2021-162-14: An Ordinance Providing For Comprehensive Youth


Welfare And Development Code in the Municipality of Malungon;

6. Ordinance No. 2021-165-14: An Ordinance Establishing Barangay Reading


Centers Or E-Libraries In All Barangays In The Municipality Of Malungon And
Providing Guidelines In The Implementation Thereof;

7. Ordinance No. 2021-146-14: An Ordinance Regulating The Use And


Maintenance Of Streets, Sidewalks, Alleys, And Other Public Roads And Other
Purposes In The Municipality Of Malungon;

8. Ordinance No. 2020-136-14: An Ordinance Institutionalizing The Public


Employment Service Office (PESO) In The Municipality Of Malungon, Sarangani
Province And Appropriating Thereon Its Funding Requirements For Its Operation;

9. Ordinance No. 2020-132-14: An Ordinance Prohibiting The Harassment,


Violence, And/Or Any Form Of Discrimination Against Persons Who Are
Confirmed Case Of A Contagious Disease/Virus, Persons Who Have Recovered
From A Contagion, Suspected Infected Persons And Against Health Workers,
Frontliners Or Persons Whose Employment Has Called Them To Report For
Duty In Times Of Epidemic/Pandemic Or National Health Emergency In The
Municipality Of Malungon And Imposing Penalties Thereof;

10. Ordinance No. 2020-133-14: An Ordinance Establishing The Indigenous


People’s (IP) Assistance Desk In The Municipal Police Station, Barangay Hall
And Other Government Centers In The Municipality Of Malungon, Providing
Funds, Penalty And For Other Purposes Therefore;

11. Ordinance No. 2020-122-14: An Ordinance Establishing Guidelines In The


Management, Maintenance, And Utilization Of The Youth And Sports Hall And
Equipment Of The Municipality Of Malungon;

12. Ordinance No. 2019-119-14: An Ordinance Institutionalizing Blood Donation


Program In The Municipality Of Malungon And Appropriating Funds Thereof;

13. Ordinance No. 2020-124-14: An Ordinance Establishing The Barangay Civil


Registration System Hereby Creating The Barangay Civil Registration Committee
In Thirty-One (31) Barangays And The Municipal Civil Registration Board In The
Municipality Of Malungon;

14. Ordinance No. 2020-140-14: Ordinance Amending Section 8 Of Ordinance No.


2019-121-14 Otherwise Known As Lingap Sa Barangay Ordinance Of The
Municipality Of Malungon 2019;

15. Ordinance No. 2020-128-14: An Ordinance Updating The Financial Assistance


Program or Iskolar Ng Bayan Ng Malungon (IBM) Program Of The Municipality of
Malungon, Sarangani Province;
16. Ordinance No .2021 - 158 -14: An Ordinance Establishing Adolescent Sexual
and Reproductive Health Facilities in the Municipality of Malungon and Providing
Policies Thereof;

17. Implementation of the Local Juvenile Intervention Plan lays out the juvenile
measures, programs, and services of the municipality aligned with the mandate
and purpose of Republic Act No. 9344 known as the Juvenile Justice and
Welfare Act as amended by Republic Act No. 10630;

18. Ordinance No. 12-2014-051: An Ordinance Eradicating Open Defecation in the


Municipality of Malungon, Sarangani Province, Providing Guidelines, Penalties
and Appropriation Thereof.

19. Ordinance No. 2018-110-13 (An Ordinance Establishing Violence Against


Women and their Children (VAWC) Desk in Every Barangay of the Municipality of
Malungon and Promote Protocol in Handling VAWC Cases at the Barangay
Level)

20. Ordinance No. 2016-097-13: An Ordinance Regulating the Selling of Caries


Causing Foods and Drinks to Elementary School Children and Toddlers both
Public and Private Schools in the Municipality of Malungon

21. Ordinance No. 11-2012-039: An Ordinance Institutionalizing the Implementation


of Maternal, Neonatal, Child Health and Nutrition (MNCHN) Strategy/Services in
the Municipality of Malungon, Appropriating Funds thereof;

22. Ordinance No. 12-2015-066: An Ordinance Establishing the Person with


Disability Affairs Office and Appropriating Funds Hereof;

23. Ordinance No. 2021-154-14: An Ordinance Providing Guidelines on the


Localization of the Safe Spaces Act in the Municipality of Malungon;

24. Ordinance No. 2021-168-14: An Ordinance Institutionalizing the Programs,


Privileges and Benefits for Solo Parents and their Children, Appropriating Funds
Therefor and for Other Purposes Pursuant to Republic Act 8972, Known as the
Solo Parent Act of 2021;

25. Ordinance No. 2022-186-15: An Ordinance Institutionalizing the Early Childhood


Care and Development (ECCD) Service Programs and Benefits Providing
Mechanisms and Other Purposes in the Municipality of Malungon;

26. Ordinance No. 2016-087-12: An Ordinance that Prohibits any Municipal and
Barangay Officials whether Elective or Appointee to Request or Endorse for a
Forced Leave of Absence and or for Termination from Service of a Barangay
Health Workers, Barangay Nutrition Scholars and Barangay Day Care Workers
due to any form of Political Persecution Before, During, and After a Conduct of
Barangay, Local and or National Election, Setting up Guidelines Related thereto
and Providing Penalties for Violation thereof in the Municipality of Malungon.
SECTION 5. DEFINITION OF TERMS. For the purpose of this Ordinance, the following terms
shall mean as follows:

1. Abuse – refers to physical, psychological, and emotional maltreatment of the person


based on religion, age, disability, ethnicity, sexual orientation, gender identity, and
expression, and health status;

2. Accommodation – refers to a house, apartment, condominium, townhouse, flat, motel,


boarding house, hotel, or dormitory, which is open to the general public. It also includes
the grant of license clearance, certification, or any other document issued by
governmental authorities or other private juridical entities;

3. Adolescent Friendly Health Facility (AFHF) – refers to health centers, lying-in clinics,
and Provincial Hospital present in the municipality that met the quality standards set by
the Department of Health;

4. Adolescent Sexual and Reproductive Health (ASRH) Care – refers to the access to a
full range of methods, techniques, and services that contribute to the reproductive health
and well-being of young people by preventing and solving reproductive health-related
problems.

5. Age – refers to the person’s time of existence or duration of life. This is a reference to
ageism where one is discriminated against on the basis of age;

6. Ancestral Domain - refers to all areas generally belonging to ICCs/IPs comprising


lands, inland waters, coastal areas, and natural resources therein, held under a claim of
ownership, occupied or possessed by ICCs/IPs, themselves or through their ancestors,
communally or individually since time immemorial, continuously to the present except
when interrupted by war, force majeure or displacement by force, deceit, stealth or as a
consequence of government projects or any other voluntary dealings entered into by
government and private individuals, corporations, and which are necessary to ensure
their economic, social and cultural welfare.

It includes ancestral land, forests, pasture, residential, agricultural, and other lands
individually owned whether alienable and disposable or otherwise, hunting grounds,
burial grounds, worship areas, bodies of water, mineral and other natural resources, and
lands which may no longer be exclusively occupied by ICCs/IPs but from which their
traditionally had access to for their subsistence and traditional activities, particularly the
home ranges of ICCs/IPs who are still nomadic and/or shifting cultivators; (Section 56 of
RA 8371 – The Indigenous Peoples Rights Act of 1997 (IPRA of 1997);

7. Barangay Micro Business Enterprises (BMBE) - any business enterprise engaged in


the production, processing, or manufacturing of products, including agro-processing, as
well as trading and services, with total assets of not more than P3 million;

8. Battering - is any single or sporadic act of physical, emotional, psychological, and


economic abuse which shall include repeated and habitual cyclic patterns as a means of
intimidation of the batterer’s will and control over the victim’s life;
9. Benefit Dance/Disco - a dance in the locality where women are commodified for
fundraising purposes;

10. Blaan - are one of the indigenous peoples of Southern Mindanao in the Philippines.
Their name could have derived from "bla" meaning "opponent" and the suffix "an"
meaning "people";

11. Catcalling - refers to unwanted remarks directed towards a person, commonly done in
the form of wolf-whistling and misogynistic, transphobic, homophobic, and sexist slurs;

12. Child - a person below eighteen (18) years of age or those over but are unable to fully
take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation,
or discrimination because of a physical or mental disability or condition;

13. Children - refers to those who are below eighteen (18) years of age or over but are
unable to fully take care of themselves or protect themselves from abuse, neglect,
cruelty, exploitation, or discrimination because of a physical or mental disability or
condition;

14. Collateral Relatives - next kin who are not in direct line of inheritance such as a cousin;

15. The commodification of Women - a practice that puts women in a subordinate


situation that results in the treatment of women as both consumers and objects of
consumption. As consumers, women are allured to buy, sell or give beauty products to
enhance their physical attractiveness. As objects of consumption, women are reduced to
sexual commodities;

16. Development - the improved well-being, or welfare, of people and the process by which
this is achieved. The sustained capacity to achieve a better life;

17. Differently-Abled Persons- are those who experience one or a combination of physical
and or mental impairments with distinct needs and potentials;

18. Discrimination against women - any gender-based distinction, exclusion or restriction


which has the effect or purpose of nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of men and women, of
human rights and fundamental freedoms in the political, economic, social, cultural, civil,
or any other field;

19. Domestic violence - is physical, psychological, social or financial violence that takes
place within an intimate family-type relationship and forms a pattern of coercive and
controlling behavior;

20. Economic abuse – refers to acts that make or attempt to make women financially
dependent which includes but is not limited to the following:

● 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;
● 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;
● Destroying household property;
● Controlling the victim’s own money or properties or solely controlling the conjugal
money or properties.

21. Enabling Environment for Women's Economic Empowerment - a gender-responsive


enabling environment of a combination of policies, programs, institutional mechanisms,
and similar measures at the national and local levels that promote and facilitate the
growth of women's microenterprises to small and medium enterprises;

22. Disability – refers to an individual with,


● Physical, cognitive, intellectual, mental, sensory, developmental or some
combination of these that results in the restrictions on an individual’s ability to
participate in what is considered “normal” in their everyday society;
● Record of such impairment; or
● Being regarded as having such impairment.

23. Discrimination – refers to any distinction, exclusion, restriction, or preference which is


based on any ground such as sex, sexual orientation, gender identity or expression,
disability, age, health status, ethnicity, and religion which has the purpose or effect of
impairing or nullifying the recognition, enjoyment or exercise, on an equal footing of the
human rights and fundamental freedoms in the civil, political, economic, social, cultural,
or any other field of the public life of a person;

24. Discrimination Against Women - refers to any gender-based distinction, exclusion or


restriction which has the effect or purpose of impairing or nullifying the recognition,
enjoyment, or exercise by women, irrespective of their marital status, on a basis of
equality of men and women, of human rights and fundamental freedoms in the political,
economic, social, cultural, civil, or any other field. It includes any act or omission,
including by law, policy, administrative measure, or practice, that directly or indirectly
excludes or restricts women in the recognition and promotion of their rights and their
access to and enjoyment of opportunities, benefits, or privileges.

A measure or practice of general application is discrimination against women if it fails to


provide for mechanisms to offset or address sex or gender-based disadvantages or
limitations of women, as a result of which women are denied or restricted in the
recognition and protection of their rights and in their access to and enjoyment of
opportunities, benefits or privileges; or women, more than men, are shown to have
suffered the greater adverse effects of those measures or practices;

25. Feminization of poverty - the phenomenon that women represent disproportionate


percentages of the world’s poor; the burden of poverty is borne by women;

26. Fund Raising Initiatives – refer to any activity integrated, in whole or in part, such as
raffle draw, benefit or disco dance, premier showing of movies, or any similar fund-
raising undertakings where women/men are used as donor prizes, or recognition, or any
manner, activity, come-on display, or exhibit which depicts women/men as the central,
partial or special focus in order to raise funds;
27. GAD Plan and Budget or GAD Budget - a portion of an agency's or local government
unit's yearly appropriation which is not an additional amount over and above its regular
budget but a mandatory of at least five percent (5%) of the total LGU budget
appropriations authorized under the Annual Budget which shall correspond to activities
implementing Gender and Development programs, projects.

28. GAD Focal Point System – refers to means of mechanism dedicated in developing
programs into mainstreaming to the community. It also serves as a monitoring entity to
come up with a point system wherein all the agencies will be able to comply with a
certain standard as gender-sensitive establishments or institutions;;

29. GAD Plan - a systematically designed set of programs, activities, and projects with clear
objectives for addressing gender issues and appropriate strategies and activities with
monitoring and evaluation indicators. A blueprint of how an agency can achieve gender
responsiveness. A set of interventions designed to transform gender-blind agencies into
organizations with a gender perspective. An instrument to make all aspects of the
agency and its work gender-responsive. It provides the basis for the GAD budget;

30. Gender- is a socially and culturally constructed differentiation between men and women
for all sexual orientations and gender identities, created partly through socialization and
partly through positive and negative discrimination in the various institutions and
structures of society;

31. Gender awareness - is the understanding that there are socially determined differences
between genders based on learned behavior, which affect the ability to access and
control resources;

32. Gender roles - are the particular economic, and social roles and responsibilities
considered appropriate for all genders in a given society. Gender roles and
characteristics do not exist in isolation, but are defined in relation to one another and
through the relationship between all gender;

33. Gender sensitivity - is the ability to perceive existing gender differences, issues, and
equalities, and incorporate these into strategies and actions;

34. Gender-Based Violence refers to a series of physical, emotional, and psychological


abuse. It is a repeated and habitual cyclic pattern and means of intimidation and
imposition of the batterer’s will control over the survivor’s life (Marshall Hamsen and
Michael Harway,. 1993). It constitutes the following kinds of battering behavior:

● Physical Violence refers to acts that include bodily or physical harm;


● Sexual Violence refers to which is sexual in nature; committed against a woman
or her child. It includes, but is not limited to: Rape, sexual harassment, acts of
lasciviousness, treating a woman or her child as a sex object, making demeaning
and sexually suggestive remarks, physically attacking sexual parts the victim’s
body, forcing her/him to watch indecent shows or to do indecent acts, forcing the
wife and mistress/lover to live in the conjugal home or sleep together in the same
room with the abuser;
Act causing or attempting to cause the victim to engage in any sexual activity by
force, threat of force, physical or other harm or threat of physical or other harm or
coercion; Prostituting the woman or her child.

● Psychological abuse or violence– refers to acts or omissions causing or likely


to cause mental or emotional suffering to the victim, such as but not limited to
intimidation, harassment, stalking, damage to property. This includes threats of
suicide, punching hold in walls, threatening to take the children away, threatening
deportation of wives with foreign citizenship, threatening to kidnap children or
take them to foreign countries, and forcing the women to do degrading acts. It
may also include controlling the women’s lawful or usual activities, the use of foul
words or statements and threats, abandonment, and expulsion (forcing the
women to leave the conjugal dwelling.) The provision shall likewise apply to
common-law relations but does not include adulterous acts as contemplated in
the Revised Penal Code;

● Sexual Harassment - a form of Violence Against Women (VAW) involving an act


or series of unwelcome sexual advances, request for sexual favors, or other
verbal or physical behavior of sexual nature that tends to create a hostile or
offensive work environment;
● Online Sexual harassment - on the conduct targeted at a particular person that
causes or is likely to cause another mental, emotional, or psychological distress,
and fear of personal safety, sexual harassment acts include unwanted sexual
remarks and comments, threats, uploading or sharing of one’s photos without
consent, video and audio recordings, cyberstalking and online identity theft;

35. Gender and Development (GAD) - refers to the development perspective and process
that are participatory and empowering, equitable, sustainable, free from violence,
respectful of human rights, supportive of self-determination and actualization of human
potential. It seeks to achieve gender equality as a fundamental value that should be
reflected in development choices; seeks to transform society’s social, economic, and
political structures and questions the validity of the gender roles they ascribed to women
and men; contends that women are active agents of development and not just passive
recipients of development assistance; and stresses the need of women to organize
themselves and participate in political processes to strengthen their legal rights;

36. GAD Database - current data which are collected and computed for all gender, and
which facilitated gender-based analysis of problems and decision-making in planning

37. Gender Equality - refers to the principle asserting the equality of men and women and
their right to enjoy equal conditions realizing their full human potential to contribute to
and benefit from the results of development, and with the State recognizing that all
human beings are free and equal in dignity and rights;

38. Gender Equity - refers to the policies, instruments, programs, services, and actions that
address the disadvantaged position of women in society by providing preferential
treatment and affirmative action. Such temporary special measures aimed at
accelerating de facto equality between women and men shall not be considered
discriminatory but shall in no way entail as a consequence the maintenance of unequal
or separate standards. These measures shall be discontinued when the objectives of
equality of opportunity and treatment have been achieved;

39. Gender Mainstreaming – Refers to the strategy, process, and or systems of rallying
women’s empowerment and gender equality through gathering and assessing data,
existing paradigms, practices, and goals which affect implications of women and men to
be the bases of responsible legislation, plans, programs, projects, and other support
mechanisms and integrate the results to the different social institutions such as
government, family, churches, schools, and media to attain satisfactory yield in the
pursuit of gender equality and women’s empowerment;

40. Gender Expression – refers to the outward manifestations of the cultural traits that
enable a person to identify as male or female according to patterns that, at a particular
moment in history, a given society defines as gender appropriate;

41. Gender-fair - people are given favorable treatment regardless of race, class, sex, and
cultural status. Any practice, policy, or procedure should have equal treatment to an
individual or group;

42. Gender-Fair Language is the use of non-sexist language which devalues members of
one sex, almost invariably women, thus fosters gender inequality. It discriminates
against women by rendering them invisible or trivializing them at the same time that it
perpetuates the notion of male supremacy. Gender fair language includes gender-
neutral (they) and gender-inclusive language (he or she). Examples: Man = human
being; mankind = humanity, chairman=chairperson; businessman=business owners, etc

43. Gender Identity – refers to the personal sense of identity as characterized, among
others, by the manner of clothing, inclination, and behavior in relation to masculine or
feminine conventions. A person may have a male or female identity with the
physiological characteristics of the opposite sex, as in the case of:

i.Transvestite- a person and especially a male who adopts the dress and often
the behavior typical of the opposite sex especially for purposes of emotional or
sexual gratification;
ii. Transgender – a person whose self-identity does not conform unambiguously
to conventional notions of male or female gender;
iii. Transexual – a person who psychologically identifies with the opposite sex
and may seek to live as a member of this sex especially undergoing surgery and
hormone therapy to obtain the necessary physical appearance (as by changing
the external sex organs).

44. Gender Perspective – way of viewing issues and problems that take into consideration
the different realities of women’s and men’s lives, and recognizing that there is an
unequal relationship between the two;

45. Gender Sensitive – having an understanding of the marginalized position of women and
consciously challenging the attitudes and behaviour that reinforce women’s subordinate
status;
46. Gender Sensitization – is an experiential and critical process of learning and unlearning
by an individual, female or male, of the causes and effects of the culturally determined
roles of women and men;

47. Gender Statistics - information and data that provide not only the comparison between
women and men but ensure that women’s and men’s participation in and contribution to
society are correctly measured and valued;

48. Gender Responsive - Laws, policies, and procedures made, should be accommodating
to people regardless of race, class, sex, and cultural status;

49. Goods and Services – refer to but shall not be limited to establishments, individuals,
and groups of individuals supplying physical goods and services such as restaurants,
resorts, hotels, stores, clubs, and shopping malls as well as those providing clearing,
repair, maintenance, construction, financial, health, transportation and public utility
services;
50. Health care service provider – refers to any of the following:
● Public or private health care institution, which is duly licensed and accredited and
devoted primarily to the maintenance and operation of facilities for health
promotion, disease prevention, diagnosis, treatment, and care of individuals
suffering from illness, disease, injury, disability or deformity, or in need of
obstetrical or other medical and nursing care;
● A health care professional, who is a doctor of medicine, a nurse or a midwife;
● Public or private health worker engaged in the delivery of health care services; or
● Barangay Health Worker (BHW) who has undergone training programs under
any accredited government and NGO and who voluntarily renders primarily
health care services in the community after having accredited to function as such
by the local health board in accordance with the guidelines set by the
Department of Health;

51. Health Status – refers to both the physical and mental health of an individual, group, or
populations as perceived by the individual or as diagnosed by a competent medical
health officer. In particular, human immunodeficiency virus and acquired immune
deficiency syndrome (HIV-AIDS) status person and health conditions such as but not
limited to leprosy, hepatitis, and tuberculosis among others, subject them to social
stigma;

52. Homophobia – refers to negative attitudes and feelings toward homosexuality or people
who are identified or perceived as being lesbian, gay, bisexual, or transgender
(LGBTQ+). It can be expressed as antipathy, contempt, prejudice, aversion, or hatred,
may be based on irrational fear, and is sometimes related to religious beliefs;

53. Human Immunodeficiency Virus (HIV) – refers to a virus of the type called a retrovirus,
which infects cells of the human immune system, and destroys or impairs the cells'
function. Infection with HIV results in the progressive deterioration of the immune
system, leading to immune deficiency;
54. Indecent Shows – are shows which include nudity or other provocative gestures that
further project and exhibit men and women as sex objects;

55. Indigenous people – groups of people who have continuously lived as an organized
community or in a community-bounded and defined territory, and who have under claims
of ownership since time immemorial, occupied, possessed, and utilized such territories
sharing common bonds of language, customs, and traditions, and other distinctive
cultural traits. They are regarded as Indigenous on account of their descent from the
colonization and who may have resettled outside their ancestral domain. Land-Based
Projects – are activities designed systematically in order to provide women the
opportunity to have full access and control over the maximum utilization of land and
other indigenous resources;

56. IPRA Law - an act to recognize, protect and promote the rights of indigenous cultural
communities/indigenous people, creating a national commission of indigenous people,
establishing implementing mechanisms, appropriating funds thereof, and for other
purposes;

57. Law enforcers - the member of the Philippine National Police, the Barangay Tanods,
and anybody who is tasked or deputized by an appropriate authority in enforcing national
and/or local laws;

58. LGBT - The LGBT community encompasses a broad range of identities, experiences,
and cultures. Additionally, the acronym is often expanded to include more identities and
is frequently written as LGBTQ+ to represent the inclusion of other sexual orientations
and gender identities such as queer, questioning, intersex, and others;

59. Live shows - include dancing naked or doing sexually titillating or indecent acts in public
or private places for commercial or entertainment purposes;

60. Marginalization – refers to exclusion, ignoring, and regelation to the outer edge of a
group/society/community;

61. Marginalized - refers to the basic sector, 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;

These include, but are not limited to, women in the following sectors and groups:

● Small Farmers and Rural Workers refers to those who are engaged directly or
indirectly in small farms and forests areas, workers in commercial farms and
plantations, whether paid or unpaid, regular or season-bound. These shall include,
but are not limited to, (a) small farmer who own or are still amortizing for lands that
is not more than three (3) hectares, tenants, leaseholders, and stewards; and (b)
rural workers who are either wage earners, self-employed, unpaid family workers
directly and personally engaged in agriculture, small-scale mining, handicrafts, and
other related farm and off-farm activities;
● Workers in the Formal Economy - refers to those who are employed by any
person acting directly or indirectly in the interest of an employer in relation to an
employee and shall include the government and all its branches, subdivisions, and
instrumentalities, all government-owned and controlled corporations and institutions,
as well as non-profit private institutions or organizations;

● Workers in the Informal Economy - refers to self-employed, occasionally or


personally hired, subcontracted, paid and unpaid family workers in household
incorporated and unincorporated enterprises, including home workers, micro-
entrepreneurs and producers and operators of sari-sari stores and all other
categories who suffer from violation of workers’ rights;

● Migrant Workers - refers to Filipinos who are to be engaged, are engaged, or have
been engaged in a remunerated activity in a state of which they are not legal
residents, whether documented or undocumented;

● Indigenous People/s - refers to a group of people or homogenous societies


identified by self- ascription and ascription by others, 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, non-indigenous
religions and culture, became historically differentiated from the majority of Filipinos.

They shall likewise include peoples who are regarded as indigenous on account of their
descent from the populations which inhabited the country, at the time of conquest or
colonization, or at the time of inroads of non-indigenous religions and cultures, or the
establishment of present state boundaries, who retain some or all of their own social,
economic, cultural, and political institutions, but who may have been displaced from their
traditional domains as defined under Section 3(h), Chapter II of Republic Act No. 8371,
otherwise known as “The Indigenous Peoples Rights Act of 1997” (IPRA of 1997);

62. Medical Confidentiality – refers to the core duty of medical practice where the
information provided by the patient to health practitioners and his/her health status is
kept private and is not divulged to third parties. The patient’s health status, however, be
shared with other medical practitioners involved in the professional care of the patient,
who will also be bound by medical confidentiality. Medical confidentiality applies to the
attending physician, consulting medical specialist, nurse, medical technologist, and all
other health workers or personnel involved in any counseling, testing, or professional
care of the patient. It also applies to any person who, in any official capacity, has
acquired or may have acquired such confidential information;

63. Mental Health Program – support program provided to clients experiencing


psychosocial and psychiatric crises;

64. Other Places of Amusement- include all other places of amusement not specifically
enumerated or otherwise provided for in this Code, including but not limited to night
clubs, cocktail lounges, super or family clubs, disco houses, minus one or sing-along
houses, bars or beer houses/garden, fast food centers showing sports competition
replay shows by direct hook up via satellite or those showing video cassette films/movies
and other places of amusement where one seeks admission to entertain himself whether
by seeing or viewing or by direct participation;

65. Pedophile - adult with sexual desire for children or who has committed the crime of sex
with a child;

66. Persons with Disability - are those individuals defined under Section 4 of Republic Act
7277, as persons suffering from restriction or different abilities, as a result of mental,
physical, or sensory impairment to perform an activity in a manner or within the range
considered normal for a human being. It can be congenital or caused by an accident.
Disability shall mean:

● a physical or mental impairment that substantially limits one or more psychological,


physiological, or anatomical functions of an individual or activities of such individual;
● a record of such an impairment; or

67. Physical, sexual, and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment, and intimidation at work,
in educational institutions and elsewhere, trafficking in women, and prostitution; and
physical, sexual, and psychological violence perpetrated or condoned by the State,
wherever it occurs. It also includes acts of violence against women as defined in
Republic Acts No. 9208 and 9262;

68. Places of Amusement – Include theaters, cinemas, concerts, halls, circuses, and other
places of amusement where one seeks admission to entertain oneself by seeing or by
viewing the show or performance;

69. Pornography – refers to any representation through publication, exhibition,


cinematography, indecent shows, information technology, or by whatever means =, of a
person engaged in real or simulated explicit sexual activities or any representation of the
sexual parts of a person for primarily sexual purposes;

70. Prostitution – refers to any transaction, scheme, or design, including the sale,
purchase, and exchange of a person, whether woman, man, or child for sexual
gratification or pleasure of another in exchange for cash profit or other considerations
by an individual, including but not limited to the pimp, procurer of the service, parents,
owners of the establishments such as disco, bars, sauna bath, massage clinics, hotels
and restaurants, internet café and any other person who uses various schemes to
prostitute any person. It also includes any act that promotes or facilitates the
accomplishment of the said act, transaction, scheme, or design;

71. Psychosocial Services – refers to the provision of help or support for the well-being of
an individual who has suffered as a result of physical harm or psychological or emotional
distress that further resulted in an unpleasant or traumatic experience. The services are
provided to restore the impaired physical, social, emotional, psychological and spiritual
aspects of the person to ensure a victims' safety and security, involving the process of
recovery and reintegration into community life.

72. Ridicule – is an act of making fun or contemptuous imitating or making a mockery of the
person in writing or in words or action on the basis of his or her religion, age, disability,
ethnicity, sexual orientation, gender identity, and expression, and health status;
73. Religious Discrimination – refers to valuing or treating a person or group differently
because of what they do not adhere to, specifically, it is when adherents of different
religions (or denominations) are treated unequally, either before the law or in institutional
settings such as employment or housing. This likewise includes persons who do not
adhere to any religion;

74. Reproductive Health (RH) - refers to the state of complete physical, mental, and social
well-being and not merely the absence of disease or infirmity, in all matters relating to
the reproductive system and to its functions and processes (as defined in the
International Conference on Population and Development and World Health
Organization, and affirmed in the Beijing Platform for Action (BPfA). It constitutes ten
(10) elements, namely:

a. Maternal and Child Health, and Nutrition;


b. Family Planning;
c. Prevention and Treatment of Reproductive Tract Infections (RTIs) including
STDs, HIV, and AIDS;
d. Prevention and Management of Abortion Complications;
e. Education and Counselling on Sexuality and Sexual Health;
f. Breast and Reproductive Tract Cancers and Other Gynecological Conditions;
g. Prevention and Treatment of Infertility and Sexual Disorders;
h. Men’s Reproduction Health;
i. Adolescent Reproductive Health;
j. Violence Against Women

75. Reproductive Health Care - refers to access to a full range of methods, facilities,
services, and supplies that contribute to reproductive health and well-being by
addressing reproductive health-related problems. It also includes sexual health, the
purpose of which is the enhancement of life and personal relations;

76. Safe Space - a formal or informal place where a person feels comfortable, physically
and emotionally safe. And enjoy the freedom of self-expression without the fear of
judgment or harm;

77. Senior Citizens - refers to those persons whose ages are sixty (60) years and above;

78. Sex - the natural distinguishing variable based on the biological characteristics of being
a male or a female;

79. Sex and Gender - are interactive. While sex and its associated biological functions are
programmed genetically, gender roles and power relations vary across cultures and
through time, and thus are amenable to change;

80. Sex-disaggregated Data - statistical information that differentiates between women and
men and allows one to see where the gaps are in their position or condition;
81. Sexuality – is one’s total expression of personhood on the basis of self-appreciation
(body, mind, and feeling) and satisfaction of needs. Also considered as a physical
expression of intimate relationship with others through various life stages;

82. Sexual Harassment - as defined under Republic Act 7877, is work, education, or
training-related sexual harassment committed by an employer, employee, manager,
supervisor, agent of the employer, teacher, instructor, professor, coach, trainer or any
other person who, having authority, influence or moral ascendancy over another in a
work or training or education environment, demands, requests or otherwise requires any
sexual favor from the other, regardless of whether the demand, request or requirement
for submission is accepted by the object of said Act;

83. Sexual Orientation – refers to the direction of emotional sexual attraction or conduct.
This can be towards people of the same sex (homosexual orientation) or towards people
of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual
orientation);

84. Shaming – refers to emotional pain by making the victim feel foolish based on the
person’s diverse sexual orientation and gender identity/expression;

85. Solo Parents - refers to those who fall under the category of a solo parent defined under
Republic Act No. 8972, otherwise known as the “Solo Parents Welfare Act of 2000”;

86. Stalking- refers to conduct directed at a person involving repeated visual or physical
proximity, non-consensual communication, or a combination thereof that cause or will
likely cause a person to fear for one’s own safety or the safety of others, or to suffer
emotional distress;

87. Stigma – refers to the dynamic devaluation and dehumanization of an individual in the
eyes of others which may be based on attributes that are arbitrarily defined by others as
discreditable or unworthy, and which result in discrimination when acted upon;

88. Survivors’ Support Group - pertains to any organized group of women to whom a
survivor of violence voluntarily agrees to establish a professional helping process.

89. Tagakaulo – refers to the tribe who inhabits Mindanao, in Sarangani, Davao del Sur,
and Mt. Apo. Tagalaya from the mountain, indicates they came from the river sources.
Presently, they are also found in the coastal towns of Malita, Lais, and Talaguton
Rivers. There are approximately 71,356 native speakers (2000, SIL International).
Tagakaulo belongs to the Austronesian and Malayo-Polynesian language families; its
dialect is related to the Mandaya, Kalagan, and Kamayo. Tagakaulo translates to
“inhabitants of headwater (olo sa tubig) or sources of rivers and streams.” Central to the
Tagakaulo or Kaulo culture is the datu who presides over civic and labor duties and is
the autonomous chief over an area;

90. Trafficking in Persons - as defined under Republic Act 10364 or the Expanded Anti-
Trafficking in Persons Act, refers to the recruitment, obtaining, hiring, providing, offering,
transportation, transfer, maintaining, harboring, or receipt of persons with or without the
victim’s consent or knowledge, within or across national borders by means of threat, or
use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or
of position, taking advantage of the vulnerability of the person, or, the giving or receiving
of payments or benefits to achieve the consent of a person having control over another
person for the purpose of exploitation which includes at a minimum, the exploitation or
the prostitution of others or other forms of sexual exploitation, forced labor or services,
slavery, servitude or the removal or sale of organs.

The recruitment, transportation, transfer, harboring, adoption, or receipt of a child for the
purpose of exploitation or when the adoption is induced by any form of consideration for
exploitative purposes shall also be considered as ‘trafficking in persons’ even if it does
not involve any of the means set forth in the preceding paragraph.

91. Temporary Special Measures - refers to a variety of legislative, executive,


administrative, and regulatory instruments, policies, and practices aimed at accelerating
this de facto equality of women in specific areas. These measures shall not be
considered discriminatory but shall in no way entail as a consequence the maintenance
of unequal or separate standards. They shall be discontinued when their objectives have
been achieved;

92. Under-employed - pertains to those who have jobs but are receiving below minimum
wage.

93. Vilification – refers to the utterance of slanderous and abusive statements done in any
activity in public which incites hatred towards serious contempt for, or severe ridicule
towards any person/s based on religion, age, disability, ethnicity, sexual orientation,
gender identity and expression, and health status;

94. Violence Against Women – any act of gender-based violence that results in, or is likely
to result in, physical, sexual, or psychological harm or suffering to women, including
threats of such act, coercion, or arbitrary deprivation of liberty, whether occurring in
public or private life;
95. Violence Against Women and Children (VAWC) - refers to any act of gender-based
violence that results in, or is likely to result in, physical, sexual, or psychological harm or
suffering to women, including threats of such acts, coercion, or arbitrary deprivation of
liberty, whether occurring in public or in private life. It shall be understood to encompass,
but not limited to, the following:

Physical, sexual, psychological, and economic violence occurring in the family, including
battering, sexual abuse of female children in the household, dowry-related violence,
marital rape, and other traditional practices harmful to women, non-spousal violence,
and violence related to exploitation;

96. Women's Empowerment - refers to the provision, availability, and accessibility of


opportunities, services, and observance of human rights which enable women to actively
participate and contribute to the political, economic, social, and cultural development of
the nation as well as those which shall provide them equal access to ownership,
management, and control of production, and of material and informational resources and
benefits in the family, community, and society;
97. Women in Especially Difficult Circumstances (WEDC) - refers to victims and
survivors of sexual and physical abuse such as rape and incest, illegal recruitment,
prostitution, trafficking, armed conflict, women in detention, and other related
circumstances which have incapacitated them functionally;

98. Women in the Military - refers to women employed in the military, both in the major and
technical services, who are performing combat and/or non-combat functions, providing
security to the State, and protecting the people from various forms of threat. It also
includes women trainees in all military training institutions;

99. Youth – refers to persons ages 15-30 years old in accordance to RA 10742; (An Act
Establishing Reforms in the Sangguniang Kabataan Creating Enabling Mechanisms for
Meaningful Youth Participation in Nation-building, and for other Purposes)

ARTICLE II
MUNICIPAL INTEGRATED GENDER AND DEVELOPMENT PROGRAMS

SECTION 6. Gender Sensitivity Training Program. All schools, offices, establishments, or


companies, public and private, departments, and agencies within the Municipality of Malungon,
in coordination with MGAD Unit, thru the Human Resource Management Unit (HRM or
Personnel Unit) shall provide gender sensitivity training, orientation or re-orientation on gender
concepts, gender sensitivity to officials, employees, and students to equip them with theoretical
and practical knowledge on gender issues and concerns. A report of compliance shall be
submitted to the MGAD Office.

SECTION 7. GAD Capacity Enhancement Program. It shall ensure all schools, offices,
establishments or companies, departments, barangay government units, , thru the Human
Resource Management Unit (HRM or Personnel Unit)and tribal councils within the Municipality
of Malungon to conduct or undergo gender sensitivity orientation and training in order to equip
them with theoretical and practical knowledge on gender issues and concerns.

SECTION 8. Orientation on Sexual Harassment. All government agencies and private offices,
commercial/industrial establishments located in the Municipality shall conduct regular orientation
on sexual harassment at least once a year for their respective employees. LGU's newly hired,
re-hired, re-employed or promoted shall undergo orientation or re-orientation on sexual
harassment. Certificate of Compliance shall be submitted to the Municipality Gender and
Development Focal Point System.

Section 9. Setting up of the Committee on Decorum and Investigation. The Malungon LGU
shall set up/create its own Committee on Decorum and Investigation (CODI) including the
promulgation of the Implementing Rules and Regulations or policy on sexual harassment that
will provide/prescribe procedures for the investigation of sexual harassment cases and
administrative sanctions covering all Municipal Officials and employees in accordance with the
provision of Republic Act 7877 (Sexual Harassment) and the Civil Service Law.

SECTION 10. Institutionalization of Innovation and Collaboration in Attaining No


Limitation (I CAN) in Education. is a priority program through convergence, collaboration and
innovation in providing quality basic education and services to build on the capabilities and life
skills of the children of Malungon.
SECTION 11. Iskolar ng Bayan ng Malungon. Municipal Ordinance No. 2020-128-14 is a
college education assistance program granted to a qualified applicant for the poor but deserving
student-resident of Malungon to attain tertiary/baccalaureate or vocational/technical courses.

SECTION 12. Facilities and Support System to Employees. The Municipality of Malungon
shall ensure the safety and health of women and in appropriate cases, provide facilities such as
but not limited to: separate toilet rooms and lavatories for men and women; at least a dressing
room for women and child-rearing and early childhood care centers and breastfeeding rooms for
working parents.

SECTION 13. Promotion of Gender-Fair Materials. There shall be an active promotion for the
use and publication of gender-fair materials in common forms in the municipality of Malungon.

SECTION 14. Gender-Sensitive Natural Resource Management Program. The Municipality


of Malungon shall adhere to a gender-sensitive natural resource-based management program.

SECTION 15. Women in Environment and Natural Resource Management. The Municipality
of Malungon, in partnership with the Barangay Local Government Units, shall advocate and
promote the active participation of women in environmental management and development.

SECTION 16. Legal Assistance Services for Victims of Violence against Women, Men and
Children. The Local Government of Malungon shall provide assistance to victims of violence
against women, men, and children in the municipality. Towards this end, the LGU thru the
GFPS may seek legal assistance from any government legal offices such as Public Attorney’s
Office or (PAO) and Public Prosecutors.

SECTION 17. Disaster Risk Reduction Management. The Municipality of Malungon through
the Municipal Disaster Risk Reduction Management Office (MDRRMO) in partnership with
MDRRMO shall all gender, children, youth, and able-bodied senior citizens to take active
participation and involvement in the pre-disaster and resilience building, during and post
disaster undertakings.

1. Pre-disaster and resilience building:


e. Ensure that women, children, and youth participate in public awareness and
education campaign on disaster risk management and climate change adaptation;
f. Ensure that women, children, and youth are involved in the Hazard, Vulnerability and
Capacity Assessment (HVCA) mapping and in the formulation of disaster
contingency plans;
g. Ensure that women, children, and youth are represented in the Municipal and
Barangay Disaster Risk Reduction Council structure and are distributed in the
different service committees to ensure their participation in planning and decision-
making processes;
h. Design an emergency response plan for vulnerable groups, including women and
children for search and rescue operations, evacuation management plan and
rehabilitation plan;
i. Build the capacity of women, children and youth in managing community-based early
warning system (CBEWS);
j. Build the capacity of women, children, and youth in managing trauma and providing
psychosocial interventions to disaster victims;
k. Train women, children, and youth in providing first aid medical response to cases
resulting from disasters;
l. Maintain updated data and statistics ,on vulnerable groups (e.g. women, children,
senior citizens, persons with disabilities and people living with HIV/AIDS)

2. During disaster
a. Prioritize the vulnerable groups in search and rescue operations;
b. Maintain sex-disaggregated data about the vulnerable groups;
c. Provide a separate evacuation center for women and their children;
d. Ensure that the minimum standards in disaster response as set forth in the
Humanitarian, Charter, including people’s need for water, sanitation, health care ,
nutrition, food and shelter are met.
e. Ensure provision of Minimum Initial Service Package (MISP) for women and children
during emergencies.

3. Post disaster (Recovery and Rehabilitation)


a. Ensure women’s participation in resilience building and recovery efforts by:
a.1 Involving women in the conduct of Damage Assessment and Needs
Assessment (DANA) to ensure that women’s and children’s situation and
specific needs are well taken into account;
a.2 Involving women as participants of Food-for-Work and Cash-for-Work
schemes in restoration work. This provides them with job and income
opportunities which could ensure households’ food security and good health
condition.

b. Involve women and all other vulnerable sector in the rehabilitation of the agricultural
sector by providing them training and agricultural inputs, including seeds and
implements;

c. Ensure that psychosocial and stress-debriefing interventions for marginalized sector


disaster victims are carried out by women providers to better situate the intervention;

d. Ensure that women and children have access to and control over water, sanitation,
nutrition, food, shelter, and health care to ensure their full recovery.

4. Funding. The municipal as well as the barangay governments of Malungon shall ensure
that portion of the five percent (5%) Calamity Fund is allocated for meeting the special
needs of the vulnerable groups, especially women and children in the emergency and
relief phase up to the recovery and rehabilitation stage. The municipal and barangay
government units shall also appropriate a budget for disaster preparedness activities.

5. Establishment of Child, Differently-abled Person, and Women Friendly Spaces. All


BLGUs shall set up child, differently-abled person and women friendly spaces in every
barangay declared under a state of calamity as needed, based on guidelines to be
promulgated by the DSWD. In addition, BLGUs shall coordinate with lead agencies and
CSOs to effectively respond to the needs of women, differently-abled person, and
children in the area.

SECTION 18. . Gender-Sensitive Comprehensive Development Plan (CDP). A gender-


sensitive Comprehensive Development Plan shall among others, take into consideration the
following:
a. Development plans, policies and programs shall mainstream gender concerns
and intensify awareness thereof;
b. Development shall contribute to women’s economic and social progress;
c. Development shall safeguard the family as the basic social institutions;
d. Vulnerable sector shall be provided an active and expanded role in the
development planning, implementation, monitoring and evaluation;
e. Disaster preparedness and relief and rehabilitation programs shall ensure the
rights and welfare of all gender and children;
f. Development shall duly consider the rights of all to education, health and
a. sources of livelihood.

SECTION 19. Support to Gender Studies. A sufficient amount shall be allotted to gender-
related documentation and research which shall form part of the municipality’s sex
disaggregated data-based program development;

The Municipal Planning and Development Office shall be responsible in the keeping and
maintenance of a data bank relative to GAD concerns. The barangay government units in the
municipality shall endeavor to maintain their respective GAD database.

SECTION 20. Sufficient Budget for Basic Social Services. An amount necessary to
underwrite the basic social services for all in extremely difficult circumstances shall be allocated.

SECTION 21. Overseas Contract Workers Support. The Municipal Government shall
conduct profiling of overseas contract workers who are residents of Malungon and who became
survivors of abuse and violence and victims of illegal recruitment, the results of which shall
serve as basis in identifying special support to all OCW’s and take the list of legitimate
placement agencies for monitoring services.

SECTION 23. Special Course on Overseas Contract Workers. In coordination with the
Department of Labor and Employment, special course on overseas contract workers to primarily
orient them on the issues and concerns relative to migration shall be introduced at the municipal
level prior to deployment.

SECTION 24. Training on Non-Traditional Occupation. Women shall be given an opportunity


to acquire training on non-traditional occupation such as those related to science and
technologies.

SECTION 25. Integration of Development Programs. The Local Government Unit through the
GAD Focal Point System shall integrate programs and activities into the Local Development
Plans that shall facilitate the empowerment of women.

SECTION 26. GAD Resource Center (GRC). The Municipal Government of Malungon shall
establish a GAD Resource Center. It shall have the capacity to respond to all the needs for GAD
mainstreaming and shall provide the following services and resources:

● Update library materials on GAD and women’s studies;


● Capacity development programs;
● Technical assistance on policy development plans, projects, programs,
monitoring and evaluation and other related concerns; and
● Research programs

SECTION 27. Crisis Intervention Center. A crisis intervention center shall be established and
maintained to serve as a temporary shelter with appropriate support services for women and
children in crisis under the management and supervision of the Municipal Social Welfare and
Development Office.

ARTICLE III
HEALTH SERVICES

SECTION 28. Reproductive Health Care Delivery. The Municipality shall adopt the
reproductive health care approach at all levels of health care delivery. Such approach integrates
many issues not previously considered central to population, sexuality, reproductive tract
infection, gender power relations and domestic violence and shall not be limited to family
planning and child bearing. Women’s decision to prevent and control pregnancy shall be given
the appropriate support and guidance by all health professionals, private and public at very
minimal or no cost at all.

The elements of reproductive health care include the following:

● Family planning information and services which shall include as a first priority
making women of reproductive age fully aware of their respective cycles to make
them aware of when fertilization is highly probable, as well as highly improbable;
● Maternal, neonatal and child health and nutrition, including breastfeeding as
embodied in the MNCHN Ordinance;
● Proscription of abortion and management of abortion complications;
● Adolescent sex and reproductive health guidance counselling and services;
● Prevention, treatment and management of reproductive tract infections (RTIs),
HIV and AIDS and other sexually transmittable infections (STIs);
● Elimination of violence against women and children and other forms of sexual
and gender-based violence;
● Education and counselling on sexuality and reproductive health;
● Treatment of breast and reproductive tract cancers and other gynaecological
conditions and disorders;
● Male responsibility and involvement and men’s reproductive health;
● Prevention, treatment and management of infertility and sexual dysfunction;
● Mental health aspect of reproductive health care;
● Konsulta Package which includes benefits and assistance to each individual in
the municipality of Malungon.
● Rabies Prevention and Eradication Program;
● Emerging and re-emerging Infectious Diseases Program

SECTION 29. Budget for Health Care Services. A sufficient amount in its annual budget for
health care services shall be allocated to expand access of its constituents to health care
services.
SECTION 30.Capacity Development of Health Personnel Including Community Health
Care Providers. The Office of the Human Resource Management shall facilitate trainings on
basic health care services including Gender Sensitivity Training and other relevant training for
all health care providers such as hilots, barangay health care workers, barangay nutrition
scholars in their annual capacity building activities to ensure efficient and gender responsive
healthcare management system.

SECTION 31. Men’s Involvement in Reproductive Health. Reproductive health programs and
projects, which include, among others, training and seminars, shall involve men of all ages,
recognizing their crucial role in the maintenance of women’s health and well-being.

SECTION 32. Integration of Reproductive Health Topics in the School Curriculum and
Out-of-School Youth Programs. The municipal government, in collaboration with the
Department of Education, shall promote the integration of reproductive health education in the
curriculum of primary and secondary schools in the municipality and Out-of-School Youth
programs. Relative thereto, a comprehensive training program for school administrators and
teachers on reproductive health shall be developed and implemented.

SECTION 33. Prevention and Early Detection of Women’s Health-related Diseases. The
Municipal Health Office shall promote the importance of prevention and early detection of
women’s health-related diseases and providing support for the purpose, including subsidizing
the cost of pap smear, acid wash examination and vaccination for cervical cancer. The amount
of which, however, shall be determined by the Municipal Health Office.

SECTION 34. Information, Education and Communication Campaigns on Reproductive


Health Issues, Sexually Transmitted Infections, Teenage Pregnancy, Gender Power
Relations and Domestic Violence. The Municipal Gender and Development Council, in
coordination with the Barangay Health Station shall undertake an information, education and
communication (IEC) campaign to raise the level of public awareness about women’s
reproductive health issues on sexually transmitted infections, including HIV/AIDS, teenage
pregnancy, gender power relations, and domestic violence issues.

SECTION 35. Women’s Right over their Bodies. Women’s decision to prevent and control
pregnancy without necessarily resulting to abortion shall be given appropriate support and
guidance by health professionals, private and public physicians at a very minimal cost.

SECTION 36. Family planning services. The MHO shall provide counseling and education on
family planning to provide family planning options. Likewise, the MHO may include family
planning as a line item in its annual budget to allow the allocation of funds for the purchase of
contraceptives. The MHO and/or may also adopt a Users Fee Policy on contraceptives where
contraceptive users can be required to pay for reproductive health products and services to
ensure continuous supply of contraceptives.

SECTION 37.Upgrading facilities for health and reproductive care. The municipal and
barangays shall upgrade their health facilities to provide and/or improve primary health and
reproductive care services.

SECTION 38.Formulation of comprehensive health care program and obstetric services.


The Municipal Health Office shall formulate a comprehensive health care program and improved
obstetric services for pregnant and lactating mothers by improving maternal health and reduce
anemia among pregnant and lactating women. Likewise, it shall provide obstetric-related
medical activities to all pregnant women during prenatal and post natal period.

SECTION 39.Health benefits for employees/workers. The Municipal government shall ensure
that all employees and workers of food service-related establishments are healthy and are given
health benefits by their employers, such as annual medical and physical examination. In view
thereof, all employees are required to submit a medical certificate before the issuance of
Mayor’s Permit to Operate.

SECTION 40. Family planning counseling and services for either or both teenage
parents;In accordance to the Republic Act No.10354, otherwise known as the Responsible
Parenthood and Reproductive Health Act of 2012,minors who are already parent or has had
miscarriage can have access to family planning services with proper counseling in Health
stations whether natural or artificial without the written consent from their parents or guardians.
This is to prevent repeat pregnancies among adolescent parents. For this purpose, the staff of
local health facilities, teachers, and social workers shall be trained in the provision of
adolescent-friendly and responsive information and services.

SECTION 41. Gender-fair Approach to Pre-Marriage Counselling Program. The Municipality


of Malungon shall continuously strengthen the Pre-Marraiage Counselling team, which
facilitates Pre-Marriage Counselling to would-be couples to promote gender equality and shared
responsibility of husband and wife in the development of the family and the community.

SECTION 42. Social protection mechanisms against violence for adolescents. Expectant
and current mothers whose pregnancies were the result of sexual violence shall be given
access and support to legal, medical, physio and psychosocial services through the Municipal
Women and Children Protection Center and Municipal Crisis Intervention Center.

SECTION 43. Counselling for HIV-AIDS. In accordance of Republic Act of 11155 otherwise
known as the Philippine HIV and AIDS Policy Act, HIV screening, testing, and counseling for
adolescents be implemented in the Municipal Rural Health Office.The Municipal RHU that
serves as the HIV testing facility of Malungon shall provide free pre-test and post-test HIV
counseling to those individuals who wish to avail HIV testing, which shall likewise be
confidential. No HIV testing shall be conducted without informed consent.

SECTION 44. Comprehensive Health Care Service in Gender Perspective. No person shall
be denied of health care services on the account of gender, age, sex, creed, civil and social
status, education, religion and ethnicity.

SECTION 45. Reproductive Health Services for All Health Facility. No hospital and other
health care facilities within the municipality, public or private, shall deny any person, especially
the marginalized, the right to avail himself/herself of appropriate health care at all times. Non-
compliance by any health facility shall be a ground for revocation and non-renewal of the
business permit or administrative charges to concerned officials in the case of government
facilities. In cases of indigent patients coming from the Municipality of Malungon, medical and
social services personnel shall conduct an assessment for a possible recommendation of
assistance.

SECTION 46. Promotion of Breastfeeding. The municipality of Malungon shall promote


exclusive breastfeeding for six (6) months and the continuation of breastfeeding for two (2)
years. Accordingly, all establishments and offices shall be encouraged to provide breastfeeding
facilities for their workers and clients.

SECTION 47. Weighing of Infants, Children, and Pregnant, and Lactating Mothers. All
barangay health centers and stations shall undertake annual Operation Timbang (OPT) or
weighing of infants, children, and pregnant and lactating mothers. Reports shall be submitted to
the Municipal Health Office to program and identify the necessary interventions. This shall also
include school children.

Section 48. Access to Safe and Potable Water. All barangays in the Municipality shall
endeavor to provide easy access to safe drinking water and potable water supply by installing
appropriate water systems in coordination with BLGUs.

Section 49. Protection against Drug Use and Abuse. A Municipal Anti-Drug Abuse Council
shall ensure the implementation of the protection against drug use and abuse and proliferation
of illicit drugs in the Municipality.

SECTION 50. Nutrition Program. In the effort of combating malnutrition among children,
pregnant and lactating mothers, the following shall be undertaken:

● Formulation of a comprehensive program on nutrition and integrating the same in the


regular plans and programs of the municipal government. The Municipal Agriculture
Office (MAO), Municipal Nutrition Office (MNO), Municipal Health Office(MHO),
Municipal Local Disaster Risk Reduction and Management Office (MRRMO),
Department of Education (DepEd), Municipal Engineering Office (MEO), Sangguniang
Kabataan (SK), Municipal Social Welfare and Development Office (MSWDO) and Non-
Government Organizations (NGO’s) shall formulate a comprehensive program on
nutrition and integrate the same in their regular plans and programs to promote nutritious
diet among children, pregnant and lactating mothers. There shall also be a nutrition
program for school children which will be done in consultation with the Parents-Teachers
Association (PTA) and Day Care Parents Committee (DCPC).
● Adoption of FAITH gardening and institutionalization of Pabasa sa Nutrisyon. The
municipal government shall adopt and promote FAITH (Food Always in the Home)
Gardening in all barangays. Likewise, it shall institutionalize the Pabasa sa Nutrisyon to
complement FAITH.
● Weighing of pregnant and lactating mothers. All barangay health centers and stations
shall encourage all pregnant and lactating mothers to undertake regular weighing.
Reports shall be regularly submitted to the Municipal Health Office for the purpose of
crafting appropriate intervention. Monitoring and Evaluation shall likewise be conducted
regularly.
● Promotion of exclusive breastfeeding. Promotion of exclusive breastfeeding for six (6)
months and encourage the continuation of breastfeeding up to (2) years. Likewise, all
establishments and offices are encouraged to provide breastfeeding area/facility for their
workers and clients.

ARTICLE IV
EDUCATION

SECTION 51. Promotion of Gender-Sensitive Counselling, Mental Health, and Career


Guidance Program. Public and Private schools, colleges, and technical institutions within the
municipality are encouraged to promote gender-sensitive counseling, mental health, and career
education programs for all to pursue non-traditional professions, promote the importance of
mental health awareness and widen their career opportunities.

SECTION 53. Gender Sensitivity Education. The Municipality of Malungon, through its GAD
Focal Point System (GFPS), in coordination with the respective school authorities, shall raise
the level of awareness of teachers, administrators, and members of the Parents, Guardians,
and Teachers Association (PTA) within its jurisdiction about gender fairness and sensitivity.

a. Gender Sensitivity Orientation and Training shall be conducted for teachers,


administrators, and the members of PTA;
b. Integration of sex and gender education in the formal education system as a special
course shall be encouraged with due consideration to the students' level of need and
comprehension;
c. Popularization in the schools within the jurisdiction of the municipality of the six core
messages on gender-fair education developed by the Department of Education: shared
parenting, shared home management, shared decision-making, equalized opportunities,
equalized representation, and enhanced participation of women in public affairs and
business, and elimination of violence against women.

SECTION 54. Gender-Responsive Non-Formal Education for Adults and Out-of-School


Youth. The Municipality of Malungon, through the Community Training and Employment
Coordinators (CTEC) and the Alternative Learning System (ALS) of the Department of
Education and other educational institutions within the jurisdiction of the municipality shall
endeavor to promote the following:

a. Adult and out-of school youth education programs. Anyone desiring to engage in
functional education, literacy programs, and practical education shall be enlisted in the
said programs;
b. Technical and Vocational Education and Training through Technical Education and Skills
Development Authority (TESDA);
c. Inclusion of discussions/lectures on pertinent laws and concerns related to women and
children in the education programs for adults and out-of-school youth.

SECTION 55. Monitoring and Reporting of Gender-Fair Curriculum and Gender-


Insensitive Educational Materials and Facilities. The GAD Committee shall coordinate with
the ECCD Focal Person, District Supervisors, and/or Principal/in-charge of each district in the
municipality in monitoring gender-fair curriculum and reporting the use of gender-insensitive
educational materials and facilities.

SECTION 56. Scholarship Program. The Municipality with its educational assistance/
scholarship program for the poor but deserving students shall ensure that there will be no
discrimination in qualifying its beneficiaries regardless of sex, gender, disability, ethnicity, and
religion.

SECTION 57. Support for Indigenous Forms and Other Media and Information
Communications Technology. Media advocacy on women’s rights and gender-related
concerns through indigenous forms and expressions as well as new technologies of
communication shall be supported and encouraged.

ARTICLE V
LABOR, EMPLOYMENT, AND ECONOMIC OPPORTUNITIES
SECTION 58. Equal Access to Employment, Training, and Promotion. The Municipality of
Malungon and all establishments in the municipality shall ensure that policies on hiring, training,
and promotion of employees are not discriminatory to women including those in the military
service. Every employer shall comply with the minimum wage as prescribed by law and shall
grant all benefits to employees such as maternity/paternity leave, sick and vacation leaves,
including VAWC leave as provided in RA 9262 and special leave benefits for women as
provided in RA 9710, retirement, termination and such other benefits as provided for by law.

SECTION 59. Non-Discrimination in Employment. All institutions and establishments and


their employers shall implement non-discriminatory policies concerning terms and conditions of
employment, especially for women employees/workers.

a. The LGU hereby adopts RA 6725 which prohibits discrimination with respect to terms
and conditions of employment solely on the basis of sex. Under this law, any employer
favoring a male employee over a female in terms of promotion, training opportunities,
and other benefits solely on account of sex is considered discrimination.

b. Payment of lesser compensation, including wage, salary, or other forms of remuneration


and fringe benefits to women employees or workers compared to male employees or
workers for work of equal value.

SECTION 60. Availment of the 105-Day Expanded Maternity Leave under RA 11210.
Maternity benefits of 105-days shall be extended to all women employees (public and private)
with an option to extend for an additional thirty (30) days without pay, granting an additional
Fifteen (15) days for solo mothers.

SECTION 61. Facilities and Support System for Well-being of Women and Men
Employees/Workers. Employers shall ensure the health, safety, and well-being of their women
and men employees/workers. In appropriate cases, employers shall:
- Establish separate toilets, lavatories, and lounge for women and men;
- Set up a home care center in the workplace where working parents may have
breastfeeding, child rearing, and early childhood care and development activities while
on their respective jobs;
- Institute flexible working arrangements to accommodate the various responsibilities of
women and men to their families;
- Ensure that the working environment shall be gender sensitive to prevent sexual
harassment, sexual abuse, and other forms of maltreatment in the workplace and be
conducive and safe to work for women and men employees/workers.

SECTION 62. Support to RA 10644 otherwise known as “Go Negosyo Act”. The Municipal
Government of Malungon shall support the establishment of Go Negosyo Centers under the
supervision of the Micro, Small, and Medium Enterprise Development (MSMED) Council which
will serve as a One-Stop-Shop to promote and support entrepreneurial efforts and activities and
shall be responsible for promoting ease of doing business and facilitating access to services for
MSMEs within the province. The MSMED Council shall encourage public–private partnerships
in the establishment and management of Negosyo Centers. The MSMED Council “Go Local,
Support Local” thru the Department of Trade and Industry shall perform oversight functions and
assign personnel to fulfill the functions of the Negosyo Centers.
SECTION 63. Support for BMBE Act of 2002 – The Municipal Government shall support the
BMBE Act which encourages the formation and growth of Barangay Micro Business Enterprises
(BMBEs) and integrates those enterprises in the informal sector with the mainstream economy,
thru
1) Rationalization of bureaucratic restrictions;
2) Active, intervention of the government especially at the local level; and
3) Granting incentives and benefits.

SECTION 64. Support for capacity development for all Economic Empowerment. This is
aimed at increasing the ability of individuals, organizations, and institutions to perform their
functions, fulfill their mandates and achieve their goals by integrating all gender’s economic
empowerment perspectives in their inputs, strategies, processes, and systems. Gender and
development through economic empowerment become value-adding perspectives to the way
national government agencies and local government units develop and implement policies and
plans relative to MSME development and deliver programs and services to everyone in
livelihoods and micro-enterprises.

It also constitutes mainstreaming the cross-cutting themes of gender, economic governance,


enterprise development and environment in the development planning process of the local
government unit such as policy-making, planning, implementation, monitoring and evaluation.

SECTION 65. Employment and Capital Assistance Program. The Municipality thru the
agencies engaged in socio-economic programs shall not deprive anyone of capital assistance,
subsidy and/or employment because of sex and gender. The Municipality, GOs, NGOs, and
other organizations or entities, shall ensure that women and men are provided with the
following:

a. Equal access to formal sources of livelihood, credit, capital and technology;


b. Equal share to the produce of farms and aquatic resources; and
c. Employment opportunities for returning women and men migrant workers taking into
account their skills and qualifications.

Section 66. Protection and Welfare of Domestic Workers. The Municipality of Malungon
shall hereby adopts for enforcement the provisions of Republic Act 10361 otherwise known as
Domestic Workers Act or Batas Kasambahay. All local government units and law enforcement
agencies including national government operating in the province shall establish effective
monitoring system.

Republic Act No. 10361, An Act Instituting Policies for the Protection and Welfare of Domestic
Workers, signed into law on 18 January 2013. The Act provides for the protection of domestic
workers against abuse, debt bondage, and worst forms of child labor. It sets minimum standards
for wages, hours and days of rest, and other benefits for domestic workers.

SECTION 67. Enhancing the Local Enabling Environment Economic Empowerment. This
component builds the LGU’s capacities to integrate all sectors’ economic empowerment
concerns in their local economic and enterprise development agenda and initiatives. It likewise
enhances LGU capacities to forge partnerships with support networks such as the private
sector, business support organizations, non-government organizations to support everyone's
economic empowerment.

In this manner, LGUs are able to develop policies, plans, programs and services that would
enable more marginalized sectors in microenterprises to have access to and control over
high- value productive resources such training, credit, technology, markets, among others to
become small- and medium-scale enterprises, participate in community development, and
provide their women workers social protection benefits.

To reinforce gender-responsive implementation of programs, projects and services for


women in microenterprises at the local level, the component will capacitate, promote and
support local government partner-led activities toward WEE, specifically the:

● Establishment of baselines of microentrepreneurs and workers in microenterprises;


● Set-up or enhancement of service delivery mechanisms;
● Enhanced programs and services necessary for scaling up enterprises and/or
improving productivity;
● Conduct of community orientation/information sessions encouraging anyone to avail
of WEE programs and services;
● Information dissemination on enhanced programs and services for economic
empowerment;
● Development of knowledge products;
● Integration of gender mainstreaming and WEE-related M&E framework, indicators
and tools;
● Replication of WEE models through conduct of study-visits;
● Award-giving and incentive provision to LGUs with good WEE practices;
● Institutionalization of environmental impact assessment.;

SECTION 68. Promotion of Alternative Technologies. The Municipality shall actively


promote technologies which are safe and women-friendly in the pursuit of livelihood and other
income generating activities.

SECTION 69. Access to Science and Women-Friendly Alternative Technology and


Productivity Center. The Municipality, in cooperation with the Department of Science and
Technology (DOST) and other related line agencies, shall establish a women-friendly and
alternative technology resource center for women and other marginalized sectors.

SECTION 70. Eco-Tourism Promotion. The Municipality shall strengthen and promote gender-
responsive eco-tourism development programs. It shall promote women’s empowerment by
ensuring the participation of women in the development and implementation of eco-tourism
projects by using the Gender-Responsive Value Chain Analysis. Efforts shall be made to ensure
the protection of women, men and children from prostitution and other forms of exploitation.

SECTION 71. Access to Land for Women and Women-headed Households. When
applicable, idle lands shall be distributed to qualified women and women-headed households
interested and committed to till the land pursuant to limitation set forth in RA 6657, otherwise
known as the COMPREHENSIVE AGRARIAN REFORM LAW, and without prejudice to the
authority of the Department of Agrarian Reform (DAR) or by the benefits of section 19 on
eminent domain of the Local Government Code.

As provided for under Section 26, Article III of RA 8371 or the IPRA Law, IP women shall
have equal right and opportunity with their male counterparts provided, to wit “Sec.
26. Women.- ICC/IP women shall enjoy equal rights and opportunities with men, as regards the
social, economic, political and cultural spheres of life. The participation of indigenous women in
the decision-making process in all levels, as well as in the development of society, shall be
given due respect and recognition.

The State shall provide full access to education, maternal and child care, health and
nutrition, and housing services to indigenous women. Vocational, technical, professional and
other forms of training shall be provided to enable these women to fully participate in all aspects
of social life. As far as possible, the State shall ensure that indigenous women have access to
all services in their own languages.”

ARTICLE VI
POLITICAL AND PUBLIC SPHERE OF ALL SECTORS

SECTION 72. Observance of Women’s Month and Women’s Day. The declaration of the
United Nations of March 8 as Women’s Day and the whole month of March as Women’s Month
shall be adopted by the Municipality of Malungon. The municipality shall encourage all
barangays under its jurisdiction to observe the same. There shall be activities set for women
and men to increase their level of awareness and critical consciousness on the role women in
development.

SECTION 73. Representation of Women in Local Special Bodies. The Municipal


government shall maintain at least one seat for women representatives in different special
bodies in the Municipal Government. These local special bodies shall include but not be limited
to, Municipal Development Council, Local Health Board, and Local School Board. The
Malungon Council of Women (MCW) shall actively participate in all Local Special Bodies and in
prioritization of projects in Buttom-Up-Budgeting and the like in recognition of women’s
potentials in the formulation, planning, implementation, monitoring, and evaluation of local
development programs. This Municipal Women’s Federation shall be sustained at the municipal
level from among the barangay organizations existing in the municipality.

SECTION 74. Creation of Local Councils of Women. The Municipal Council of Women
composed of accredited women’s organizations shall be organized in the Municipality of
Malungon. These women representatives shall be chosen from among the accredited women’s
organizations in the municipality as a concrete manifestation of the place of women in local
governance.

SECTION 75. Women’s Forum. The Municipality of Malungon through the Municipal Council of
Women shall hold and convene a Municipal Women’s Forum at least once a year to renew
women’s development in all aspects of community life and make appropriate recommendations
for actions thereon.
Section 76.Promoting Gender Balance at all levels of Local Government Positions.The
municipal government shall promote gender balance or an equal proportion of qualified women
and men for the opportunity to key positions at all levels of local governance –municipal and
barangay, whether elective or appointive. It shall form part of the effort to eliminate barriers to
women’s participation in the public sphere.

SECTION 77 . Declaration of November 19 as Men’s Day. As inaugurated in 1999 in


Trinidad and Tobago, International Men’s Day is celebrated in over 60 countries. This day shall
be adopted by the Municipality of Malungon and be celebrated annually every November 19.
Public information campaigns and open dialogue shall be made to educate the public about the
significance of Men’s Day and the importance of fostering healthy gender dynamics present in
the community such as but now limited to VAWC and domestic abuse.

SECTION 78. Observance of PRIDE Month. The Municipality of Malungon recognizes the
importance of fostering a culture of inclusivity, diversity, and acceptance within our community.
Pride Month shall be celebrated annually in the month of June, provides the opportunity to
celebrate the LGBT+ community, raise awareness about their struggles and accomplishments,
and promote equal rights and social justice for all individuals.

SECTION 79. Participation of LGBT+ in Local Governance. The Municipality of Malungon


may seek to appoint qualified individuals from the LGBT+ community to serve Local Special
Bodies, commissions, and committees for co-creating policies, programs, and events that
address the unique needs and aspirations of the community.

SECTION 80. LGBT+ Dialogue. To further include all genders in the municipality, there may be
an organized forums, and public consultations specifically focused on LGBT+ concens.

SECTION 81. Participation of Differently-Abled Persons/Persons with Disability. To


recognize the importance of inclusivity, equal participation, and empowerment of differently-
abled individuals the municipality of Malungon shall wide encourage differently-abled person to
serve on various Local Special Bodies as an accredited organization.

ARTICLE VII
VIOLENCE AGAINST WOMEN AND CHILDREN

Section 82. Protection of Women and Children From Violence. The Municipal Government
of Malungon shall ensure that all women and children shall be protected from all forms of
violence and that they shall be accorded the necessary and appropriate programs and services.
In the effort of the Municipal Government of Malungon to curb and eradicate gender-based
violence in the municipality, the following shall be undertaken and enforced:

1. Strengthen and ensure the implementation of the Philippine statutes for the protection
of women’s rights against violence, and imposing penalties for violation thereof, viz:

■ RA 9262 or The Anti-Violence Against Women and Their Children Act of


2004 Provides for the protection of women and children against violence
by defining violence and providing penalties including imprisonment and
fines.
■ RA 8353 or the Anti-Rape Law of 1997 An Act Expanding the Definition of
the Crime of Rape, Reclassifying the same as a Crime Against Persons,
Amending for the Purpose Act No. 3815, As Amended, Otherwise Known
as the Revised Penal Code, and for other Purposes.

■ RA 9208 or the Anti-Trafficking in Persons Act of 2003 institutes policies


to eliminate trafficking in persons especially women and children. It
establishes the necessary institutional mechanisms to protect and support
trafficked persons and provides penalties for its violations.\

■ RA 9231 - An act providing for the elimination of the worst forms of child
labor and affording stronger protection for the working child, amending for
this purpose Republic Act No. 7610, as amended, otherwise known as
the “Special Protection of Children Against Child Abuse, Exploitation and
Discrimination Act”

■ RA 7877 or the Anti-Sexual Harassment Act of 1995, address and


prevent antagonistic situations that violate the dignity of employees. It
pertains to single or repeated incidents of intimidation, humiliation,
degradation, bullying, or other undesirable verbal, non-verbal, or physical
conduct toward one person or a group of people;

■ RA 9208 or RA 10364, as amended Institutions, An Act to Institute


Policies to Eliminate Trafficking in Persons especially Women and
Children, Establishing the Necessary Institutional Mechanisms for the
Protection and Support of Trafficked Persons, Providing Penalties for its
Violations and for other Purposes;

■ RA 11313 or an Act Defining Gender-Based Sexual Harassment in Street


Public Spaces, Online. Workplaces, and Educational or Training,
Providing Protective Measures and Prescribing Penalties Therefor;

■ RA 10911 or An Act Prohibiting Discrimination Against Any Individual in


Emplotment on Account of Age and Providing Penalties Therefor;

■ RA 11596 or An Act Prohiviting the Practice of Child Marriage and


Imposing Penalties for Violations Thereof;

■ RA 7610 otherwise known as the Special Protection of Children Against


Abuse, Exploitation, and Discrimination Act;

■ RA 8369 or Family Courts Act of 1997;

■ Presidential Decree No. 603 or the Child and Youth Welfare Code;
■ Act No. 3815 or Revised Penal Code. Various provisions in the Revised
Penal Code address crimes against women and children, such as rape,
acts of lasciviousness, and seduction;

2. Expand programs to educate and involve men on programs or activities that will end
gender-based violence. For this purpose, men’s organization shall be organized and
institutionalized in the municipalities. such as 'Men Opposing Violence Everywhere or
MOVE".

3. Public information on gender-based violence. Strengthen the awareness of women,


men, girls, and boys on gender-based violence by conducting comprehensive and multi-
level information and education campaign. Close coordination and partnership with civil
society organizations shall be undertaken.

4. Creation of Municipal Inter-Agency Committee Against Trafficking in Persons and


Violence Against Women and their Children (P/MIACAT-VAWC). A Municipal Inter-
Agency Committee Against Trafficking in Persons and Violence Against Women and
their Children shall be created in the municipality pursuant to RA 9208, otherwise known
as the Anti-Trafficking in Persons Act of 2003.

5. Strengthening of Women’s Desk and formulation of a Gender Sensitivity Program.


The Malungon Municipal Police Station shall create a women’s desk to handle properly
cases of violence against women pursuant to RA 8551 otherwise known as the New
Police Act of 1998. Also, it shall formulate a Gender Sensitivity Program as part of its
annual programs.

6. Establishment of VAWC Desk in every barangay. Each barangay of Malungon shall


establish VAW Desk to handle cases of violence against women in the barangay as
provided under RA 9710. The desk shall coordinate with the Women and Children
Protection Center (WCPC).

7. Oversight of Tourism, Trave,l and Other Entertainment Activities in the Municipality –


The Municipal Government of Malungon shall delegate its power of oversight over the
activities of tourism, travel, and entertainment establishments in the municipality to the
MIACAT such that the Council can effectively monitor these activities and whenever
necessary, upon consultation with the operators of these establishments, formulate
guidelines to prevent trafficking in persons within the municipality upon the approval of
the Local Chief Executive.

SECTION 83. Support to Survivors of Violence. The Municipality of Malungon shall provide
comprehensive support to women and children survivors, which consists of but is not limited to
the following:

a. Immediately conduct an investigation within 24 hours;


b. Provide psychological services, legal and medical services, education or livelihood
assistance for the offended party;
c. Gather evidence for the arrest and prosecution of the offenders;
d. Make a report of his/her investigation and on the basis of the offended party’s testimony
and additional evidence, if any, endorse the same to the proper prosecution office within
36 hours from the time of filing, regardless of his/her evaluation of the case;
e. The investigation officer or the examining physician, if possible, of the same sex as the
offended party, ensures that only persons expressly authorized by the latter are allowed
inside the room where the investigation or medical or physical examination is being
conducted;
f. Women victims and survivors of all forms of violence shall be registered in a community-
based psychosocial program that shall assist the women in holistically rebuilding and
empowering themselves;
g. All investigation/court trials involving rape cases and other forms of violence against
women conducted in the Malungon Women and Children Protection Center, PNP
Station, Prosecutor’s Office, and the Trial Court shall recognize the survivors’ special
social support groups as expressly allowed or requested by the offended party;
h. A temporary shelter with appropriate support services for women in crises shall be
appropriately established under the management and supervision of the Municipal
Social Welfare and Development Office;
i. Establish a separate counseling room for women and children;
j. Establish mechanisms to expedite medical examination procedures for rape victims by
establishing a partnership with the district hospital for its medico-legal accreditation;
k. Establish a private room equipped with needed facilities for medical examination
purposes;
l. Ensure that cases of TIP and VAWC are handled and attended to by women police
officers through the establishment and maintenance of the Women and Children
Protection Desk (WCPD) at the Malungon Municipal Police Station, which shall have a
female police officer as in-charge.

Section 84. Education on Laws and Policies Addressing Gender-based Violence. – The
Municipality of Malungon shall provide information education on laws and policies addressing
gender-based violence, which consists of but is not limited to the following: conduct of public
information on gender-based violence to strengthen the awareness of men and women, boys
and girls on gender-based violence through comprehensive and multi-level information and
education campaigns in close coordination and partnership with the civil society organizations;

a. expand programs to educate and involve men in gender-based violence;


b. continuously develop the capacity of service providers and front liners in handling cases
of trafficking in persons and violence against women through their attendance in training
and other capability development activities;
c. conduct capability development activities for barangay officials and workers on gender-
based violence, especially in handling TIP and VAWC cases on an annual basis.

SECTION 85. Municipal Inter-Agency Committee on Anti-Trafficking and Violence Against


Women and Children. There shall be created a Municipal Inter-Agency Committee on Anti-
Trafficking and Violence Against Women and Children (MIACAT-VAWC) which shall perform
the following tasks:

1. Institute policies and programs to protect women and children who are victims of
trafficking and violence;
2. Create and establish systems on surveillance, and investigation, and ensure
effective and efficient coordination to rescue identified victims;
3. Undertake information, education and advocacy campaigns against trafficking in
persons and VAWC; and
4. Monitor and oversee the strict implementation of RA 9208, RA 9262, RA7610,
RA8353, and other related laws for the protection of women and children and of the
IACAT and IACVAWC national plans of action:

SECTION 86. Creation of Anti-VAWC Surveillance Unit. For the purpose of this ordinance,
an Anti-Abuse VAWC Unit shall be created with the purpose of proactively and effectively
monitoring, investigate, and address incidents of abuse, violence, and exploitation against all
gender and children within the Municipal jurisdiction.

SECTION 87. Composition of Anti-VAWC Surveillance Unit.

Chairperson : Local Chief Executive


Vice-Chairperson : SB Comm. Chairperson in Social Services
Members : Municipal Social Welfare Development Officer
: Municipal GAD Focal Person
: PNP Malungon
: Municipal Women and Children Protection Head
: LIGA ng mga Barangay President
: Municipal Health Officer

SECTION 88. Anti-VAWC Surveillance Unit Functions and Responsibilities. It shall be the
responsibility of the anti-abuse surveillance unit to:

1. The Unit shall conduct surveillance and monitoring of areas and establishments with a
high potential for abuse against women and children. This includes public spaces,
educational institutions, workplaces, online platforms, and any other locations identified
as potential risk areas;
2. The unit shall act as monitor in the conduct of a pageant or beauty contest so that no
indecent, revealing shoot for print ads or video clips and teasers of a beauty pageant be
included.
3. The Unit shall promptly report to the Women and Children Protection Center for proper
case handling through the Multi-disciplinary Team (MDT) reported cases of abuse
against women and children. Investigations shall be conducted with the highest level of
sensitivity and confidentiality, ensuring the rights and dignity of survivors;
4. The Unit shall provide immediate and ongoing support services to survivors of abuse,
including access to safe housing, medical care, legal assistance, and psychological
counseling;
5. The Unit shall work diligently to apprehend and bring perpetrators of abuse to justice,
ensuring that they are held accountable for their actions under the full extent of the law;
6. The Unit shall engage in community outreach, awareness campaigns, and educational
programs aimed at preventing abuse, promoting gender equality, and fostering a safe
environment for women and children.

SECTION 89. Regular Inspection and Spot Monitoring of Entertainment Establishments


including Internet Cafe. The Business Permit and Licensing Section of the Municipality,
together with the Malungon PNP personnel, BFP. MSWDO,IT in-charge and MHO shall
conduct a regular inspection of entertainment establishments to ensure that these are not used
as brothels or fronts of prostitution and trafficking., video and pornographic shows, and live
shows featuring lewd acts.
SECTION 90. Monitoring of Audio-visual Channels against Pornography. A Municipal
Monitoring Board shall be established, which shall monitor print, broadcast and multimedia,
including movie houses, video shops, computer shops, cable companies, books, or other forms
of audio-visual channels or instruments, against pornographic activities that degrade women
and children.

SECTION 91. Live Shows. It shall be unlawful to influence or force a woman to dance or do
naked performance in public or private places for commercial or entertainment purposes.
Performing lewd acts is characterized by inciting to lust or lechery whether fully or partially
naked or using thin layer covering, forming a silhouette, or using see through material during a
dance, poses, or live performance of bath taking in the pretext of entertainment.

A fine of Two Thousand Five Hundred Pesos (P2,500.00) shall be imposed upon the performer
and Two Thousand Five Hundred Pesos (P2,500.00) for the business owner and cancellation of
business permits. A not more than 6 (six) months imprisonment for both the performer and the
business owner shall be imposed, depending upon the sound discretion of the court.

SECTION 92. Beauty Contests, Fashion Shows, Modeling, Concerts, and Similar Shows
and Competitions. Beauty contests, bikini contests, fashion shows, modeling, concerts, and
other similar shows and competitions which tend to exploit, commodify, abuse, humiliate and
treat women, men, children, and especially the indigenous people as sex objects are hereby
strictly prohibited and declared unlawful in schools, communities, and barangays in connection
with special celebrations or any affair for that matter.

SECTION 93 Informed Consent in Beauty Contests and Other Shows. All participants must
provide informed and voluntary consent to join the pageant or other similar shows, fully
understanding the requirements, expectations, and potential impacts of their participation.

SECTION 94. Wardrobe and Attire in Beauty Contests. Organizers shall ensure that
wardrobe and attire requirements are respectful of participants' dignity and cultural diversity,
avoiding costumes that promote objectification, stereotyping, or cultural appropriation. If
included, the swimsuit portion shall be prohibited, and alternative segments that promote
participants' confidence, athleticism, or personal achievements shall be encouraged.

SECTION 95. Photoshoots and Video Clips. Pictorials for print ads and photo shoot for video
clips and teasers for beauty pageant which features women of Malungon and lady-contestants
shall at all times be undertaken with sensitivity, featuring women in a positive view and shall not
negate, diminish or tend to commodify and feature women as object or commodity, wearing
revealing and/or could be viewed as indecent wear, projecting women as sex objects through
their attire or be made to pose in flirtatious and sexually inviting poses.

ARTICLE VIII
WOMEN AND MIGRATION

SECTION 96. Women Migrant Workers. Pursuant to RA 8042 or the Migrant Workers and
Overseas Filipinos Act of 1995, and in line with the objective of providing security to migrant
workers, especially to women as they constitute the more vulnerable sector among Filipino
workers (OFWs), and in consideration of the social costs that migration entails, the following
shall be undertaken by the municipal government unit through the Public Employment Services
Office (PESO), Public OFW Desk Officer (PODO) and others.

1. Maintenance of data base system on migrants. The PESO shall maintain a data base on
departing, deployed and returning migrants, the type of employment, and placement
areas/countries which shall be incorporated in the GAD Data Base under the MPDO.

2. Tracking System of the legitimacy of recruitment agency/employment. The PESO shall


endeavor to develop a tracking and verification system of the veracity and legitimacy of
employment and recruitment agencies, whether they are accredited by the Department
of Labor and Employment (DOLE) through the Philippine Overseas Employment
Administration (POEA). In so doing, the following shall be undertaken:

a. Coordination with the Provincial Employment Assistance Office, POEA, and


OWWA must be established as a means to protect the Malungon workers
against illegal recruitment, abuse and violence.

b. All barangays shall submit data on domestic and international Filipino workers
in their barangays, including their place of destination and
employment/recruitment agency. This shall be submitted on a bi-annual basis to
PESO.

3. Pre-Employment Orientation Seminar (PEOS). The PESO shall conduct PEOS to


prospective workers, especially overseas workers and their families about the realities of
overseas labor and employment conditions. Services of the POEA and migrant NGOs
may be tapped for this purpose.

4. Financial Literacy Program. The PESO shall conduct Financial Literacy Program or
Personal Finance Seminar for OFWs and their families to educate them on how to
manage their personal finances.

SECTION 97. Reintegration Program. To ensure that migration becomes an option rather than
a necessity, overseas workers, including displaced and returning OFWs and their families, the
Municipality of Malungon shall assist them thru a reintegration program through:

a. Improving prospects for alternative employment and investments. The


municipal government, in coordination and partnership with other agencies and
institutions, shall endeavor to improve prospects for alternative employment and
investments, such as community-based industries, for returning migrants, future
returnees, and their families as an option for migration.

b. Tapping migrant savings for the setting of microenterprises. The municipal


government shall design a special program to encourage OFWs to invest their
savings in microenterprises.

c. Capacity enhancement program for returning migrants. It shall design a


capacity enhancement program, specifically skills enhancement, for returning
migrants to facilitate their return to the mainstream of the local community.
Further, it is a reality that overseas Filipino women workers, especially those in
domestic work, do not have the chance to upgrade their skills hence providing
them with capacity enhancement activities would encourage them to engage in
and invest in alternative enterprises or further studies through Alternative
Learning System or other alternative delivery mode.

d. Exemption in the payment of fees. Providing exemption in the payment of fees


in securing Business Permits and Mayor’s Permit to Operate to facilitate their
reintegration in the community and at the same time encourage local investment.

e. Organizing left-out families. To ensure that migration is only temporary and to


help the constituents of Malungon working abroad to be able to return and settle
until such time that they have saved enough money for the family, a program for
the left-out families, especially for the children and spouses of the OFWs must be
put in place.

i. Values formation. The Sangguniang Kabataan shall organize values formation


seminars for migrants children to espouse and understand the values of
discipline and saving money. They shall be educated on the realities of migration
for them to be able to appreciate the hard work and sacrifices of their parents
abroad.

5. Implementation of RA 8042 specifically the illegal recruitment provisions. Strict


implementation of RA 8042 otherwise known as the Migrant Workers and Overseas
Filipino Act of 1995 as amended by RA 10022, particularly, the provisions on Illegal
Recruitment must be ensured.

6. Strict implementation of RA 8042 otherwise known as the Migrant Workers and


Overseas Filipino Act of 1995 as amended by RA 10022.

ARTICLE IX
GENDER SENSITIVE GENDER AND CULTURE

SECTION 98. Promotion of Culture. All Local Government of Malungon shall develop and
promote local culture, arts, crafts, and artisans, and likewise develop, preserve, and promote
the positive local practices, traditions, and arts of the communities, inclusive of the indigenous
peoples of the Tagakaulo and Blaan.

SECTION 99. IP Women Education. Indigenous women shall be allowed enrolment in schools
and colleges and enjoy employment opportunities as provided for in RA 8371, without prejudice
to their birth, age, sex, gender, language, ethnicity, marital status, religion, ideology, and
disability.

SECTION 100. Sports Development Activities. The Municipality of Malungon shall promote
sports and physical development programs among women and men of all ages. It must be
gender sensitive and non-discriminatory to both women and men. Sport development activities
shall promote culture-based and must start from the grassroots to include traditional indigenous
sports.
ARTICLE X
GENDER RESPONSIVE GOVERNANCE
SECTION 101. Adoption of Gender Mainstreaming Strategy. The Municipal Government of
Malungon shall adopt gender mainstreaming as a strategy towards the promotion of gender-
responsive governance wherein gender equality goals are integrated into the development
plans, programs, and services of the municipal government and in the planning and budgeting
cycle including, but not limited to the following:

1. Comprehensive Development Plan


2. Comprehensive Land Use Plan
3. Local Youth Development Plan
4. Comprehensive Juvenile Intervention Program Plan
5. Social Protection Development Report
6. SPDR-Social Protection Plan
7. Local Disaster Risk Reduction and Management Plan
8. Contingency Plan for Flood
9. Contingency Plan for Landslide
10. Contingency Plan for Earthquake
11. Contingency Plan for Health Emergency
12. Public Service Continuity Plan
13. Camp Coordination and Camp Management Plan
14. Enhanced Local Climate Change Action Plan
15. Comprehensive Emergency Plan for Children
16. Local investment and Incentive Code
17. Municipal Council for the Protection of Children Plan
18. Annual Work and Financial Plan-LCAT VAWC
19. Local Economic Development Enterprise
20. I CAN Action Plan
21. Local Shelter Plan
22. GAD Plan and Budget
23. Local Development Investment Program
24. Annual Investment Plan
25. Executive and Legislative Agenda
26. Sustainable Agriculture and Fishery Program
27. Solid Waste Management Plan
28. Disaster Risk Management and Preparedness Plan
29. Local Climate Change Adaptation Plan (a-i IRR)
30. Municipal Tourism Plan

SECTION 102. Gender-Responsive and Environment-Friendly Zoning Plan. A Gender-


Responsive and Environment-Friendly Zoning Plan for the Municipality of Malungon shall be
developed taking into consideration, among others, the following:

(a) Consult women and men and involve them in the community planning and
development, especially in matters pertaining to land use, risk mapping, zoning
and relocation.

(b) Relocation sites must have all the basic necessities, provision of alternative
livelihood and access to market and control of resources for displaced women
and men and their families.
SECTION 103. Gender Responsive Natural Resource Management. The Municipality of
Malungon shall spearhead and inspire the community’s active participations in all community-
based health and environmental and all plans and programs of the government, such as family
planning program, proper waste management, Zero Open Defecation (ZOD), preservation of the
forest resources, reforestation and others.

SECTION 104. Gender Sensitive Human Resource. The municipal government through the
Human Resource and Management Office shall ensure and undertake programs, projects, and
services towards developing gender-sensitive human resource and providing gender-sensitive
services which include but are not limited to:

a. Gender and development perspective is reflected in the performance targets and


key result areas and career and personnel development plan of the municipal
government.
b. Continued capability-building programs for employees and officials, particularly
the local finance committee and municipal planning and development office
personnel, towards gender-responsive and gender-sensitive PPAs in the Annual
GAD Plan and Budget.

c. The Human Resource Management and Development Office (HRMDO) shall


conduct Annual Sensitivity Training and Orientation and Reorientation on the
statutes for municipal government employees and officials, and shall form part of
the regular in-house training of the municipal government to ensure that gender-
sensitive services will be extended effectively to the populace.
d. Benefits granted to government employees are enjoyed equally by men and
women, incentives, leaves, flexible work schedules, and others.
e. Annual physical and medical examination for municipal government employees
and officials.

SECTION 105. Adoption of Gender-Neutral or Gender Fair Language. The municipal


government of Malungon shall adopt the use of gender-neutral gender fair language in all its
official documents, communications and issuances. This shall cover all government agencies
and units, local and national, state universities and colleges and government-owned and
controlled corporations within the territorial jurisdiction of the municipality pursuant to CSC
Memorandum Circular No. 12-S. 2005.

SECTION 106. Child Care Facilities. The municipal government shall establish and maintain a
child care facility for the children of its employees. This could help the employees to focus on
their work resulting to an improved work performance. In consideration of the financial limitation
of the municipal government, the parent-employees shall be responsible for the payment of the
worker’s salary to ensure its continued operation. The maintenance and operating expenses of
the facility, including electricity, water, furniture and fixture shall be borne by the municipal
government.

SECTION 108. Maintenance of GAD Database System. There shall be a GAD Data base
system in the municipality aligned with the databank requirements of the Magna Carta of
Women The municipal and barangay governments shall maintain the GAD Database System
(GDS) and update the same on an annual basis. This shall be strictly implemented as it will aid
the identification, design, planning, and implementation of gender-responsive policies,
programs, projects, and activities in the municipality. Likewise, this shall be used to monitor
compliance and progress in the situation of women at all levels. The Municipal Planning and
Development Office, Municipal Information Office, and the Gender and Development Focal
Point System shall take charge of maintenance of the system.

SECTION 109. Development of Social Marketing Plans and Materials. The municipal
government shall continually develop social marketing plans and advocacy materials on gender
and development concerns and issues.

SECTION 110. Documentation of GAD activities. In line of further enhancing and


strengthening the efforts on promoting GAD and mainstreaming gender in the municipality and
to the monitor progress of implementation, all concerned shall ensure that activities, best
practices and lessons learned related to GAD promotion are well-documented. There shall be a
reporting template for the purpose.

SECTION 111. GAD Information Center. The municipal government shall establish a GAD
Information Center wherein information and updates related to gender and development, gender
issues, and LGU-initiated activities on GAD can be accessed and obtained by the constituency.

SECTION 112. Annual Gender and Development Plan and Budget (GPB). An Annual
Gender and Development Plan and Budget must be prepared and submitted with a
corresponding budget within the GAD Budget Calendar. The purpose of GPB is to outline and
allocate funding for specific actions, strategies, and initiatives that addresses gender disparities,
promote women's rights, and integrate gender perspectives into various programs and policies
of the municipal government. It ensures that the rights and needs of all individuals, regardless of
their gender, are considered and met.

SECTION 113. GAD Accomplishment Report (GAD AR). All GAD PPAs implementer of the
MLGU, as well as the barangays shall submit GAD Accomplishment. The preparation of Annual
GAD Accomplishment Report of each preceding year shall be made not later than February of
the operating year. The same shall be submitted to the PPDO for review and DILG for its
endorsement. The local chief executive shall ensure the inclusion of all GAD PPAs in the annual
accomplishment report of the municipality.

SECTION 114. Creation of Committee on Decorum and Investigation (CODI). A CODI shall
be set up in all local offices, agencies, establishments or companies, public and private, to act
on complaints related to violence against person pursuant to RA 7877 or the Act Declaring
Sexual Harassment Unlawful in the Employment, Education, or Training.

SECTION 115. Organization of Barangay Gender and Development Focal Point System
(BGFPS). All barangays in the municipality are mandated to organize their respective Gender
and Development Focal Point System to ensure implementation of GAD programs and projects.
The BGFPS shall have the same functions and responsibilities with that of the MG-ADC
pursuant to Joint Memorandum Circular 2013-01 as amended by JMC 2016-01.

SECTION 116. Creation of Municipal Gender and Development Office/Unit. A Municipal


Gender and Development Office/Unit shall be created under the Office of the Mayor. Its
functions and responsibilities shall include but not limited to coordinating, planning,
implementing, monitoring and evaluating GAD PPAs in the municipality. Further, it shall be the
technical arm of the municipal government on matters pertaining to gender and development
necessary for designing GAD related programs, projects and policy development that will focus
on women and gender and development specific programs, projects activities, and services.
The GAD office shall also be the secretariat of the municipal GFPS and shall provide technical
support, documentation of the proceedings, database generation and preparation of reports and
such other assistance as may be required in the discharge of its functions.

ARTICLE XI
GENDER RESPONSIVE SUPPORT SERVICES & FACILITIES

SECTION 117. Support Programs to Victims of Abuse and Violence. There shall be
programs and support. The Women and Children Protection Center (WCPC) of the Municipality
of Malungon shall provide immediate support services to women and children who are victims of
abuse and violence in order to facilitate their healing, recovery, and social reintegration. Support
services shall include but not limited to legal, medical and psychosocial interventions and
services.

SECTION 117. Support to Adolescents. Adolescent Friendly Health Facilities shall provide
responsive Sexual Reproductive Health (SRH) services to adolescents and young people in the
municipality which is governed by the following directives under the Republic Act 10354 (also
known as the Responsible Parenthood and Reproductive Health Act of 2012).

SECTION 118. E-library and Teen Center. An E-Library serves as an IT Hub of the municipal
government that provides free internet access and other technologies to the students,
professionals and employees for their research works, learning development and capacity
enhancement. The Teen Center is a venue within the municipal compound for the youth to
access services and information on their various concerns. It provides support to the healthy
development of adolescents by offering a place where they can learn, grow, and socialize in a
structured and positive manner.

SECTION 119. Malungon Youth and Sport Hall. The establishment and operationalization of
the Municipal Sports and Youth Hall was made possible because of the numerous Malungon
youth and student athletes with great potentials who continue to excel in various sports and
athletic events in the provincial, regional and national level. This is also an avenue for the
people with fitness goals and for the youth, and activities, fitness program, and for trainings and
seminar-workshops.

SECTION 120. Balay Silangan. The Balay Silangan of Malungon provides intervention for
reformation and rehabilitation programs for small-time drug offenders who are neither users nor
dependents that aims to transform and change the paradigm on how to address small-time drug
offenders. It considers that its intended clients, small-time drug offenders, are compelled to
engage in the illegal drug trade due to lack of legitimate means of livelihood and lack of proper
guidance.

SECTION 121. Bahay Kalinga. Bahay Kalinga is a community rehabilitation center for children
with special needs which undergo a monthly physical therapy conducted by the Grupo Uban sa
mga Ginikakanan andam Muatiman sa mga Anak espesyal (GUGMA), Inc. volunteers; mothers
and caregivers were also taught and learned the method of physical therapy so that they could
continue the therapy session and in their own homes as daily activity to help the children with
special needs prolonged their life and can little by little manage to do simple things for
themselves. Parents were also taught on how to take care of the children, proper food
preparation, feeding, sanitation, hygiene and gardening.
SECTION 122. Municipal ALS Training and Livelihood Center. A facility established by the
municipality to provide training and livelihood opportunities for ALS goers and learners. The out-
of-school youth and adults learners and enrollees are given a parallel learning system to that of
formal education instruction. This will lead to the opportunity to join the world of work through
employment after having gained life skills or through self-employment or go back to formal
schooling by passing the Accreditation and Equivalency (A&E) Examination. The Municipal ALS
Training and Livelihood Center. The ALS Training Center offers access to alternative learning
through various delivery modes that fits the learner's distinct situations and needs; more
importantly, offers life skills training for livelihood opportunities.

SECTION 123. Half-way Home. Also known as transient homes are transitional living facilities
that serve as residential facilities that provide a supportive and structured living environment for
individuals who are transitioning from an institution, such as a prison, hospital, or substance
abuse treatment center, back into society. These homes offer a stepping stone for people who
need assistance reintegrating into the community after a period of institutionalization or
treatment.

All of the 31 barangays have a Barangay Kubo or half-way home located in the Sunken Ground
within the municipal compound. These Kubo’s served as half-way homes for pregnant women
who are nearing their due date of birth delivery, especially those coming from far-flung
communities. Through the half-way homes, pregnant women are given temporary
accommodation near the health facilities such as the Provincial Hospital-Malungon and the
Municipal Birthing Home and ensure safe delivery.

SECTION 124. IP Building/Center. is a facility or institution established by the municipal


government within the municipal compound to serve and support the needs of the Indigenous
Peoples (IP) in the municipality. This center aims to preserve, promote, and celebrate the
cultural heritage, traditions, and rights of the Blaan and Tagakaulo tribal communities. It plays a
pivotal role in acknowledging the unique cultural identity and contributions of Indigenous
Peoples while fostering inclusivity and understanding within the community.

The IP Center has the following objectives:


- cultural preservation
- education and awareness
- socio-economic support
- advocacy and representation
- traditional governance and decision-making
- conflict resolution
- partnerships and collaboration

SECTION 123. Women and Children Protection Center (WCPC). The municipality
established an LGU WCPC instead of the usual municipal women’s and children’s complaints
desk. It provides a multi-disciplinary services approach to addressing cases of violence against
women and children. The WCPC operates as a convenient one-stop-shop, providing a child-
friendly environment that ensures comprehensive psycho-social welfare interventions for
women and children who have fallen victim to various forms of abuse and violence. A center
that is dedicated to delivering holistic care and support. With a compassionate and Trained
multi-disciplinary team, including a Physician, Law Enforcement Officer, and a Registered Social
Worker who work collaboratively to address the unique needs of each individual, ensuring their
physical, emotional, and psychological well-being.

The Malungon Women and Children Protection Center (WCPC) is committed to the
following objectives:

a. Holistic Development: To nurture the complete and optimal growth of women and
children that is dedicated to fostering their physical, social, emotional, cognitive, and
spiritual well-being.
b. Upholding Rights: Steadfast in upholding the rights of women and children throughout
every stage of the assistance process. It is committed to ensure that the rights of victims
are respected and protected.
c. Inclusive Participation: It actively engages women and children in every process by
valuing their participation, empower victims to contribute meaningfully to their own well-
being and development.
d. Gender-Sensitive Support: The center provides responsive and gender-sensitive
services to women and children who have experienced abuse. Ensures a safe and
supportive environment that addresses their unique needs.
e. Comprehensive Referral Network: The Center shall establish a comprehensive
referral system that connects abused women and children with a wide range of
specialized services. This network ensures that they will receive the tailored protection
and care they require.

SECTION 124. Capacity Development and Intervention Services Supporting Nutrition


Program (BNS) Other Related Services. Presidential Decree 1569 known as Strengthening
the Barangay Nutrition Program by providing for a Barangay Nutrition Scholar in every
barangay, providing funds thereof and other purposes. The law seeks to provide additional
human resources for the implementation of programs, projects and activities aimed at
addressing malnutrition by requiring at least one Barangay Nutrition Scholar per barangay. It
also aims to increase the involvement and participation of the people of the grassroots level.

There are Barangay Nutrition Scholar deployed in all barangays who are responsible to
conduct nutrition surveillance, Operation Time base (OPT) plus to all 0-59 months preschool
children, submit the same to nutrition office, monthly follow weighing and height taking was
regularly conducted to monitor the nutritional status of the Pre-School Children especially these
at risk. The BNS also assists in the implementation of various health services in the barangay
and coordinates with various stakeholders/partners and agencies in implementing PPA’s.

SECTION 125. Supplemental Feeding. This program aims to address malnutrition and to
strengthen the First 1000 Days of Life to ensure optimum development of preschool children.
Barangay Nutrition Scholars in all barangays of the municipality regularly conduct the Operation
Timbang Plus to all preschool children ages 0-59 months in order to identify their nutritional
status.

SECTION 126. Nutrition Information and Community Education. Nutrition Information &
Community Education is one way to advocate proper health and nutrition to parents,
pregnant/lactating women and teenage mothers. This activity also strengthens the promotion of
the importance of being healthy and fit through the consumption of proper and nutritious foods,
balanced diet and proper exercise. Food production and poultry raising in the backyard is
encouraged in every household as a source and provides access to healthy foods for every
family to prevent malnutrition especially to young children which are very vulnerable of
becoming wasted and stunted.

SECTION 127. One Malungon Subida FM and Cell Operated Community Radio Station.
Provides learning instructions on air waves in order to reach out to all learners who are lagging
behind in terms of technology addressing the no face to face transition and to the new normal in
education sector, given that Malungon has unstable internet connectivity.

SECTION 128. Municipal Children’s Playground. The Children’s playgrounds provide a safe
environment designed specifically to foster and enhance the opportunities for children to
develop through play alone, with a caregiver, or with other children. Playground equipment and
space can meet the needs of children 0-5 by providing different opportunities to engage in
appropriate developmental play.

SECTION 129. CRISIS INTERVENTION CENTER. A Crisis Intervention Center shall be


established and maintained to serve as a temporary shelter with appropriate support services
for women and children in crisis under the management and supervision of the Municipal Social
Welfare and Development Office.

SECTION 130. Privileges of Solo Parents. The municipal government shall ensure that solo
parents are not deprived of enjoying their privileges. Thus, the municipal government unit shall
provide the following services:

a. Comprehensive Package of Social Development and Welfare Services such as


the following services:
■ Livelihood development services;
■ Counseling services;
■ Parent effectiveness services;
■ Critical incident stress debriefing;
■ Special projects for individuals in need of protection
b. Flexible Work Schedule;
c. Work Discrimination – no employer shall discriminate against any solo parent
employee with respect to terms and conditions of employment on account of his
or her status;
d. Parental Leave – in addition, to leave privileges under existing laws, parental
leave of not more than seven (7) working days every year shall be granted to any
solo parent employee who has rendered service of at least one (1) year

SECTION 131. Solo Parent Identification Card. Pursuant to RA 8972, all Solo Parents shall
register with the Municipal Social Welfare and Development for the issuance of Solo Parent
identification card which will be needed in the availment of privileges.
SECTION 132. Children Support Services. In recognition of the special care and protection
that people under 18 years old need, and in accordance with the Convention on the Rights of
the Child, the following measures shall be undertaken in the municipality:

1. Health and Medical Care. The municipal government units shall provide the best
possible health and medical care to children in order to reduce and eliminate cases of
infant and child mortality in the municipality.

2. Early childhood care and development programs and services. The municipal
government through the MSWDO shall formulate and implement ECCD programs and
services to expand access of children to day care or preschool services.

3. School-based health and nutrition program. All schools in the municipality shall be
encouraged to formulate and implement school-based health and nutrition programs, in
coordination with the Municipal Nutrition Action Office and Municipal Health Office.

4. Child labor regulations. Ensure that child labor regulations are not violated, including
the minimum age at which children may work, and the number of hours children can
work, and other work conditions.

5. Strengthen the Information Education Campaign on substance use and abuse.


The LGU shall ensure the inclusion of IEC, rehabilitation, and reintegration programs for
In-school and Out-of-School Children.

6. Campaign to protect children against abuse. Raise public awareness on the


protection of children against sexual, mental, physical, psychological, emotional and all
types of abuse and exploitation.

7. Implementation of RA 7610 otherwise known as the Special Protection of Children


Against Abuse, Exploitation and Discrimination Act.

SECTION 133. Local Government Assistance and Support Services for Women and
Children in Conflict Areas. The Municipality thru the GFPS and in coordination with its line
and partner agencies such as the Municipal Social Welfare and Development Office and
Municipal Health Office including other agencies of the government, people’s organizations, or
non-government organizations and private sector shall require the provision of the following
assistance and support services. The Municipality will observe and implement International
Standards, which include but are not limited to, the Minimum Initial Service Package for
Reproductive Health in humanitarian actions. Humanitarian actions refer to the Assistance,
protection, and advocacy actions undertaken on an impartial basis in response to human needs
resulting from complex political emergencies and natural hazards.

a. Support to persons in Armed Conflict Situation;


b. Ensure inclusion of women’s participation in peace councils and inclusion of women’s
issues and concerns in the peace agenda as well as the institutionalization of
community-based conflict resolution.

SECTION 134. Establishment of a Barangay Violence Against Women and Children


(VAWC) Desk. The Municipality of Malungon and Barangay Local Government Units in
coordination with concerned agencies shall provide financial and technical assistance to ensure
the functionality of a VAWC Desk in every barangay in the Municipality of Malungon. The
Punong Barangay shall designate a VAWC Desk Officer who is trained on gender-sensitive
handling of cases, preferably a woman barangay kagawad or a woman barangay tanod.

SECTION 136. Regular Inspection of Entertainment Establishments including Internet


Cafe. The Municipal Health Office, Municipal Permit and Licensing Unit, the Bureau of Fire
Protection, and an Information Technology expert and Municipal Engineering Office.

SECTION 137. Information Education Communication. Social media, TV, radio, and print
media shall be mobilized in GAD campaigns and advocacy. The Municipality of Malungon shall
also lead in the conduct and observance of GAD-related events such as, but not limited to the
following:

a. Observance of Women’s Month and Women’s Day. In consonance with the


United Nations’ Declaration, the month of March shall be observed as Women’s
Month and March 8 as Women’s Day that will culminate with the Report on Women’s
situation in Malungon.

b. Health and Sanitation Summit. The Municipality of Malungon shall conduct an


annual Health and Sanitation Summit in order to assess and campaign for the
protection and promotion of women’s and children’s health.

c. Farmer’s Day shall be observed in the municipality as provided for under Ordinance
No. 12-2014-060.

d. 18-Day Campaign to End VAW. The municipality shall cause the observance
and/or preparation of activity or series of activities as provided for under RA 10398.
18-day Campaign to End Violence Against Women (End VAW Campaign). Aligned
with the PCW Annual 18-day campaign to End Violence Against Women, the
municipality joins the nation in its 18-day End VAW campaign in collaboration with
Inter-Agency council on Violence Against Women and Children in consonance with
RA 1066, the municipality shall observe annually the National Children’s Month every
November together with CWC, DSWD

e. Tribal Day Celebration is observed in the municipality every November 18 every


year as provided for under Municipal Resolution No. 10-2008-081.

f. Municipal Children’s Month Celebration. In consonance with RA 10661, the


Municipality shall observe the National Children Month every November. The month
long celebration aims to provide children access to a healthy environment, good
education and health care by investing in children.

g. Nutrition Month Celebration. Aligned with the national observance of Nutrition


Month every July of every year per Presidential Decree # 491 Section 4 of the
Nutrition Act of the Philippines, the municipality shall celebrate the Nutrition Month.

h. Senior Citizen’s Week Celebration. The municipality shall observe and/or


preparation of activity or series of activities as provided for under R.A.9994 or the
Expanded Senior Citizens Act every 1st week of October.
i. National Disability Prevention and Rehabilitation Week Celebration. The
municipality shall observe and/or celebrate the National Disability Prevention and
Rehabilitation Week 3rd week of July R.A. 9442.

j. Philippine Civil Service Anniversary Celebration – the municipality joins the


nation in the yearly celebration of the Philippine Civil Service every month of
September.

k. Municipal Arbor Day – the municipality joins the nation in the yearly celebration of
Arbor Day every month of June Municipal Ordinance No. 2020-130-14

l. Teacher’s Day – In celebration of the World Teacher’s day every 5th day of October;
The municipality shall observe and/or celebrate the National Teacher’s Day annually.

m. Dayeg sa PagSUBIDA sa Barangay. The Gawad Parangal for Barangays


recognizes the exemplary performance of individual workers in the ground or
barangay frontline workers, excellent o outstanding performance/leadership and
innovativeness of barangay and its different councils who excelled best practices. It
is given to encouraged and challenged the barangays to scaled up its performance
and practices of good governance, held every July with in the Foundation
Anniversary Activities.

ARTICLE XII
INSTITUTIONAL MECHANISM FOR GAD IMPLEMENTATION

SECTION 138. Strengthening of the GAD Focal Points System. The Municipality of
Malungon shall strengthen its Gender and Development Focal Point System (GFPS) formerly
known as the GAD Council to ensure the implementation of this Code in accordance with the
Magna Carta of Women. Continuous improvement through training and orientation/reorientation
of GAD concepts, Laws and issuances shall be given to the GFPS and its Technical Working
Group.

SECTION 139. Creation of the Municipal Gender and Development Focal Point
System and its Composition- The Local Chief Executive shall issue an Executive Order to
Institutionalize the establishment, reconstitution, and/or strengthening of the Gender and
Development Focal Point System in the Municipality of Malungon.

There shall be created the following bodies under the Municipal Gender and
Development Focal Point System with the following composition: GFPS - Executive Committee,
Technical Working Group, and Secretariat.

1. The Executive Committee and Technical Working Group shall be comprised as duly
specified in the Executive Order issued by the Local Chief Executive;

2. The GFPS TWG Chair shall be elected from among the GFPS TWG members, an
employee of the Local Government Unit of Malungon, and which shall have a permanent
status. The designation of the GFPS TWG Chair shall be made official through the
issuance of an Executive Order duly signed by the Local Chief Executive.

3. The GFPS TWG Chair may designate a Secretariat to assist the TWG in its functions.
SECTION 140. GFPS Functions. The Municipal Gender and Development Focal Point
System shall:

a. Lead in mainstreaming GAD perspectives in policies, plans and programs.


b. Assist in the formulation of new policies in advancing women’s empowerment
and gender equality.
c. Lead in setting up appropriate systems and mechanisms to ensure the
generation, processing, review, and updating of sex-disaggregated data for GAD
Database to serve as basis in performance-based and gender-responsive
planning and budgeting.
d. Coordinate efforts of different departments/offices/units of the LGU and advocate
for the integration of GAD perspectives in their systems and processes.
e. Spearhead the preparation of the annual and performance-based GAD plans and
Budget (GPB); in response to the gender issues and concerns of the locality and
in the context of the LGU mandate. GFPS shall likewise be responsible for
submitting the consolidated GPBs of the LGU.
f. Lead in monitoring the effective implementation of the annual GPB, GAD code
and other GAD-related policies and plans.

g. Lead the preparation of the annual GAD Accomplishment Report (GAD AR); and
other GAD reports that maybe require under the MCW or other related
issuances.
h. Strengthen linkages with other Local Government Units, concerned agencies or
organization working on women’s rights and gender and development to
harmonize and synchronize GAD efforts at various levels of local governance.
i. Promote and actively pursue the participation of women and gender advocates,
CSOs, Private organizations, marginalized sectors in various stages of
development planning cycle.
j. Ensure that all municipal personnel (accounting, planning, auditors and budget
officers) are capacitated on GAD; and
k. Recommend and plan an appropriate capacity development program on GAD for
every employee under its regular HRD program.

1. GFPS Executive Committee:

a. Provide policy advice to the Local Chief Executive to support and strengthen the
GFPS gender mainstreaming efforts;
b. Direct the identification of GAD strategies, PPAs, and targets based on the
results of gender analysis and gender assessment taking into account the
identified priorities of the LGU and gender issues faced by the LGU’s
constituents and employees;
c. Ensure the timely submission of the LGU GPB, GAD AR, and GAD-related report
to the concerned PPDO and DILG;
d. Ensure the effective and efficient implementation of the GAD PPAs and the
judicious utilization of the GAD Budget;
e. Build and strengthen the partnership of the LGU with the concerned stakeholders
in the pursuit of gender mainstreaming; and
f. Recommend awards and/or incentives to recognize outstanding GAD PPAs or
individuals who made exemplary contributions to GAD.
2. GFPS Technical Working Group:

a. Facilitate the gender mainstreaming efforts of the LGU through the GAD planning
and budgeting process;
b. Formulate the LGU GPB in response to the gender gaps and issues faced by
their constituents including the women and men employees;
c. Assist in the capacity development of and provide technical assistance to the
HRMO on the development and implementation in the capacity development
program on GAD for employees;
d. Coordinate with the various units/offices of the LGU and ensure their meaningful
participation in strategic and annual planning exercises on GAD including the
preparation, consolidation and submission of GPBs;
e. Lead the conduct of advocacies, activities and the development of IEC materials
to ensure critical support of local elected officials, department heads and staff,
and relevant stakeholders to the GFPS and gender mainstreaming;
f. Monitor the implementation of GAD-related PPAs and recommend corrective
measures to improve their implementation;
g. Prepare and consolidate LGU GAD ARs and other GAD-related reports; and
h. Provide regular updates and recommendations to the LCE or GFPS Execom
regarding GFPS activities and the progress of the LGU in gender mainstreaming
based on the feedback and reports of the concerned LGU
offices/units/stakeholders.

3. GFPS Secretariat:

The designated Secretariat shall assist the TWG and the GFPS in its functions. It shall provide
technical support, documentation of proceedings; database generation and preparation of
reports, and such other assistance as may be required in the discharge of its functions.

SECTION 141. Composition and Responsibilities. There shall be created a Gender


Responsive Monitoring and Evaluation Committee (GR-M and E Committee) which shall:

a. Monitor and evaluate GAD fund allocation and utilization;


b. Enforcement of GAD Code;
c. Implementation of GAD PPAs;
d. The Committee shall prepare a quarterly status report and recommendation to the
EXECOM.

The committee shall be composed of the following:

Chair : Municipal Planning and Development Coordinator


Members : President, Malungon Council of Women
Municipal Local Government Operations Officer
Municipal Agriculturist
Municipal Social Welfare and Development Officer or Rep.
Municipal Health Officer or Representative

Indigenous Peoples Mandatory Representative


GFPS-TWG Chair
Representative of Children’s Organization

SECTION 142. Monitoring System for Labor Standards and Relations. The Gender
Responsive Monitoring and Evaluation Committee shall install a system to monitor offices,
agencies, institutions, establishments or companies violating gender-related labor laws, rules
and regulations and the same shall be reported to proper authorities for appropriate action.

SECTION 143. Referral Labor Standards and Relations. A referral system shall be
established in the Office of the Mayor thru the GFPS to refer any violations on gender-related
labor issues or complaints to concerned authorities for appropriate action.

SECTION 144. Media Watch. The GFPS shall organize a Media Watch Task Force for print,
broadcast, and multi-media, to include schools, movie houses, video shops, electronic
communications, cable televisions, books, and other forms of audio-visual channels or
instruments, to document/monitor and initiate appropriate legal actions against activities
degrading women, men, and children, especially the indigenous peoples.

SECTION 145. Database. The Municipality shall establish a GAD Database aligned with the
databank requirements of the Magna Carta of Women. The Municipal Planning and
Development Office shall be responsible in the data collection, analysis, updating, and
management and as a repository of the Gender and Development data and information.

The GFPS TWG and its Secretariat shall ensure the accurate and timely uploading of reports on
the Gender Mainstreaming and Monitoring System (GMMS) to the appropriate agency/office as
prescribed thereof. The GMMS reports shall form part of the GAD database.

SECTION 146. GFPS Functions. The general functions of the GFPS shall ensure and sustain
the municipal critical consciousness and support on women and gender issues. The GFPS shall
take a lead role in direction-setting, advocacy, planning, monitoring and evaluation, and
technical advisory on mainstreaming GAD perspective in the programs, projects and activities
and processes. (Specific Functions be included in the IRR)

SECTION 147. GAD Office. There shall be an established GAD Office under the Office of the
Mayor in the implementation of this Code. It shall be the implementing arm of the municipality
that will focus on women and gender and development specific programs, projects activities,
and services.

The GAD office shall also be the secretariat of the municipal GFPS. Shall provide technical
support, documentation of the proceedings, database generation and preparation of reports and
such other assistance as may be required in the discharge of its functions.

SECTION 148. Implementing Rules and Regulations. The Muncipal Mayor shall create a
Task Force to formulate the Implementing Rules and Regulations of this Code within ninety (90)
days after its effectivity. The Task Force shall be composed of representatives from
(Sangguniang Bayan, Municipal Planning and Development Office, the GFPS-TWG Chair,
Municipal Health Office, Municipal Social Welfare and Development Office, Malungon Council of
Women, Child Representative, NGO/CSOs).
SECTION 150. Gender-Responsive and Environment-Friendly Zoning Plan. A Gender-
Responsive and Environment-Friendly Zoning Plan for the Municipality of Malungon shall be
developed taking into consideration, among others, the following:

(a) Consult women and men and involve them in the community planning and
development, especially in matters pertaining to land use, risk mapping, zoning and
relocation.

(b) Relocation sites must have all the basic necessities, provision of alternative
livelihood and access to market and control of resources for displaced women and
men and their families.

SECTION 151. Gender Responsive Natural Resource Management. The Municipality of


Malungon shall spearhead and inspire the community’s active participations in all community-
based health and environmental and all plans and programs of the government, such as family
planning program, proper waste management, Zero Open Defecation (ZOD), preservation of the
forest resources, reforestation and others.

ARTICLE XIII
OTHER GAD RELATED CONCERNS, SERVICES, AND INTERVENTIONS

SECTION 152. Differently-Abled Person or PWD. The Municipality of Malungon shall


implement a program for PWDs to improve their well-being in accordance with the Magna Carta
of Persons with Disabilities.

SECTION 153. Creative Employment and Entrepreneurship Opportunities. The municipal


government units, in coordination with PESO, MSWDO, and other concerned agencies shall
develop creative employment and entrepreneurship opportunities for persons with disability
recognizing their different conditions and full potentials as human beings.

SECTION 154. Person with Disabilities Education Support. The municipal and barangay
government units shall support special education of persons with disabilities and shall
appropriate budget for the purpose; Funding for PWD Education program support shall be
incorporated in the Annual Budget.

SECTION 155. Establishment of PWD Information System. All barangays shall conduct an
inventory and profiles of persons with disabilities in coordination with the MHO and submit
profile to the Municipal Social Welfare and Development Office as a basis for identifying
responsive interventions to their needs;

SECTION 156. Magna Carta for Persons with Disabilities as amended (RA 9442). The
Municipal Government Units of Malungon shall ensure the implementation of the Magna Carta
for Persons with Disability as indicated in Sections 32-33, Chapter 8, of RA 9442, granting
privileges and incentives for persons with disability, as follows:
1. Twenty percent (20%) discount from all establishments;
2. Minimum of twenty percent (20%) on admission fees;
3. At least twenty percent (20%) discount for the purchase of medicines;
4. At least twenty percent (20%) discount on medical and dental and professional
fees;
5. At least twenty percent (20%) discount on fares for domestic air, sea travel,
public railways, skyways, and bus fare for the exclusive enjoyment of persons
with disability;
6. Educational assistance to Persons with Disabilities;
7. To the extent practicable and feasible, the continuance of the same benefits and
privileges given by the Government Service Insurance System (GSIS), Social
Security System (SSS), and PAG-IBIG, as the case may be, as are enjoyed by
those in actual service;
8. To the extent possible, the government may grant special discounts in special
programs for persons with disability on the purchase of basic commodities,
subject to guidelines to be issued for the purpose by the Department of Trade
and Industry (DTI) and the Department of Agriculture (DA); and
9. Provision of express lanes in all commercial and government establishments; in
the absence thereof, priority shall be given to them.

The abovementioned privileges are available only to persons with disability who are Filipino
citizens upon submission of any of the following as proof of his or her entitlement thereto:

1. An identification card issued by the municipal mayor of the place where he or she
resides;

PWD Center. A facility that provides vocational/social rehabilitation and skills training to persons
with disabilities and other special groups for socio-economic independence and productivity.
The center aims to provide services for disability prevention, rehabilitation and equalization of
opportunities. Moreover, it is intended to enhance PWDs’ capacity to attain a more meaningful,
productive and satisfying way of life and ultimately become self-reliant, productive and
contributing members of the society.

SECTION 157. Senior Citizens. The Municipality of Malungon shall support the Senior Citizens
Programs and ensure that the following shall be implemented.

1. Office of Senior Citizens Affairs. The Municipal Government Unit shall support the
establishment of the Senior Citizens Affairs Office.

2. Support funds for senior citizens. The municipal and barangay government units shall
endeavor to allocate funds for senior citizens; routine physical check-ups; social group
work programs and other appropriate socio-economic activities;

3. Senior Citizens Center. A facility that provides services to senior citizen. It is an


establishment with recreational, educational, health and social programs and facilities
designed for the enjoyment and benefit of the senior citizens in the municipality.

4. Additional Benefits and Privileges to Senior Citizens pursuant to RA 9257. The


municipal government shall ensure the implementation of RA 9257 otherwise known as
the Act Granting Additional Benefits and Privileges to Senior Citizens, specifically
Section 4, as follows:

1. Twenty percent (20%) discount from all establishments


2. Minimum of twenty percent (20%) discount on admission fees.
3. Income Tax Exemption
4. Exemption from Training Fees
5. Medical and Dental Privileges in Government Facilities
6. Medical and Dental Services in Private Facilities
7. 20 % discount on Land, Air and Sea Transportation
8. Educational Privileges
9. Benefits and Privileges for Retirees
10. Privileges on granting special discounts in special programs
11. Express Lanes Privileges

SECTION 158. Elderly-PWD-Gender-Sensitive Physical Facilities. A physical plan


appropriate for an elderly, PWD, and gender-sensitive environment shall be adopted by all
offices, agencies, institutions, establishments, or companies which shall facilitate access and
services and help prevent sexual harassment, abuse, and other forms of maltreatment in
workplaces. There shall be separate facilities for men and women, such as but not limited to
comfort rooms/powder rooms; fast lane services for pregnant/lactating, PWDs, and elderly
women and men; and breastfeeding areas for lactating mothers in all public facilities.

SECTION 159. Persons Deprived of Liberty. The Municipal Government Units of shall provide
support to persons in detention, especially the women detainees and shall ensure that their
rights are protected through the following:

1. Speedy trial of their cases shall be ensured by all concerned;


2. An appropriate program shall be designed to respond to their specific needs as
detainees; and
3. There shall be a separate structure and space for detention and rehabilitation for
women and men detainees. Likewise, no child shall be in detention as provided
by RA 9344 which states that he or she shall be conveyed separately to, or from
Court. He or she shall await hearing of his or her own case in a separate holding
area.
4. Enforcement of RA 7438, otherwise known as the Act Defining Certain Rights of
Person Arrested, Detained or Under Custodial Investigation as Well as the Duties
of the Arresting, Detaining and Investigating Officers, and Providing Penalties for
Violations Thereof.

SECTION 160. LGBTQIA+. It shall be the policy of the Municipality of Malungon to respect the
rights of the members of LGBTs and recognize their full potential. Relative thereto, no one shall
discriminate against any member of the LGBT Community with respect to employment, access
to health, livelihood, education, and others. They shall not be discriminated by reason of their
sexual orientation and gender identity and expression.

SECTION 161. Women in Especially Difficult Circumstances (WEDC). Shall refer to victims
and survivors of sexual and physical abuse, illegal recruitment, prostitution, trafficking, armed
conflict, women in detention, victims and survivors of rape and incest, and such other related
circumstances which have incapacitated them functionally.

Services and Interventions for WEDC. Victims of WEDC shall be provided with services and
interventions as necessary such as, but not limited to, the following:

(a) Temporary and protective custody;


(b) Medical and dental services;
(c) Psychological evaluation;
(d) Counseling;
(e) Psychiatric evaluation;
(f) Legal services;
(g) Productivity skills capability building;
(h) Livelihood assistance;
(i) Job placement;
ARTICLE XIV
PROTECTION FROM STIGMA AND DISCRIMINATION

SECTION 162. Protection from Stigma and Discrimination. The Municipality of Malungon
adopts a human-rights-based approach for the elimination of all forms of discrimination to
ensure full and effective equality of opportunity, participation, and inclusion in society.

SECTION 163. Prohibited Acts Against Discrimination. It is hereby prohibited to discriminate


against any person and/or group of persons based on their disability, age, health status, sexual
orientation, gender identity, and expression, ethnicity, and religion. It is unlawful for any person,
natural or juridical to:

1. Discrimination based on Education:


a. Refuse admission to or expel or dismiss a person from educational institutions
including technical and vocational facilities, socio-civic organizations,
associations, trainees, and internships.
b. Deny access to student benefits which include scholarships, financial assistance,
merit awards, and election as officers in student government/council.
c. Violently harass and bully or any threat of physical, mental, psychological and
verbal violence, intimidation, or other threatening disruptive behaviors in schools
and educational institutions by teachers, professors, trainers, administrators, or
by students of any person based on disability, age, health status, sexual
orientation, gender identity and expression, ethnicity, and religion with
concurrence to the Anti-Bullying Act of 2014 (Republic Act of 10627), the
Department of Education Memorandum Circular No. 40, Series of 2012;
d. Providing onerous or unjust terms and conditions for the admission of a person
as a student.
e. Expelling or subjecting the student to any penalty or any other detriment.

2. Discrimination based on Employment

a. Deny or limit the rights of trainings, recruitments, promotion remuneration and


other terms and conditions of employment.
b. Denying or limiting opportunities to favorable terms and conditions of
employment which afford employee advancement in all levels of government
service and employment in Malungon;
c. Excluding membership in labor unions or similar organization;
d. Subjecting any employee to workplace harassment or any threat of physical,
mental, and verbal violence, intimidation, or other threatening disruptive behavior
committed by the employer or by another employee; and/or
e. Dismissing the employee or subjecting the employee to any other detriment
based on disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion.

3. Discrimination on denying access to services.

a. Refuse or revoke the accreditation, formal recognition, and/or registration of any


organization, group, institution, or establishment, in educational institutions,
workplaces, communities, technical facilities, training, internship vocational
facilities, and similar settings, solely based on disability, age, health status,
sexual orientation, gender identity and expression, ethnicity, and religion of their
members or of their target constituencies;
b. Submit or force any person from repressing his/her ethnicity, sexual orientation,
gender identity and expression, and/or religion according to policies of any
government units in Malungon, organizations, institutions, establishments,
facilities, and utilities that are public or private;
c. The submission of tactical delay by public officers in providing public programs
and services is based on the basis of disability, age, health status, sexual
orientation, gender identity, and expression, ethnicity, and religion.
d. Deny a person’s access to medical and other health services and as well as
health insurance and other related benefits as provided for under the law.
e. Deny a person access to and/or the use of private and public establishments,
accommodations like the facilities, utilities, transportation, or services, including
housing, open to the general public on the basis of his/her/their disability, age,
health status, sexual orientation, gender identity and expression, ethnicity, and
religion and notwithstanding the existence if the person’s capacity to comply or
his/her/their actual compliance with the requirements set forth in order to access
or enter such establishments.

There is denial when, among others:

- A person is given inferior accommodations or services; and

- Rejection of any application, entry, and participation on the basis of


disability, age, health status, sexual orientation, gender identity and
expression, ethnicity, and religion.

f. Deny an application for license, clearance, certification, or any other document


issued by governmental authorities or other private or juridical entities on the
basis of perceived sexual orientation, gender identity/expression.
g. Deny a person delivery of goods and services; it shall be unlawful for a person,
natural or juridical, whether as principal or agent to discriminate against a person
on grounds of disability, age, health status, sexual orientation, gender identity
and expression, ethnicity, and religion.
- g.1. Refusing to provide goods and services and/or imposing onerous
terms and conditions to a person on the grounds of one’s actual or
perceived disability, age, health status, sexual orientation, gender identity
and expression, ethnicity, and religion as a prerequisite for providing such
goods and services where the said terms and conditions are not imposed
on another person under the same or similar circumstances.

h. Verbal, non-verbal ridicule and vilification such as acts that result to loss or
reduction of self-esteem of the individual, such as making fun or contemptuous
imitating or mockery based on disability, age, health status, sexual orientation,
gender identity and expression, ethnicity, and religion whether in writing, or in
words, or in action; uttering of slanderous and abusive statements; executing any
public activity that incites hatred or severe ridicule of a person.
i. Disallowance of entry and refusal to serve; it shall be unlawful to refuse entry
and/or disallow a person or group of people from entering any establishment
such as bars, stores, movie houses, shopping malls, and other places or
entertainment and other business which are open to the general public; and/or
refuse to attend to, or serve any orders for food drinks and other goods,
consumable or non-consumable; or to subject one to discrimination or
harassment in buses, taxis, airplanes, on the basis of actual or perceived
disability, age, health status, sexual orientation, gender identity and expression,
ethnicity, and religion.
j. Subject or force any person to any medical or psychological examination without
the expressed approval of the person involved on the basis of disability, age,
health status, sexual orientation, gender identity and expression, ethnicity, and
religion. Provided that such person is not psychologically incapacitated as
determined by competent authority.

4. Work-related Discrimination – Work related discrimination shall be subject to the


provisions of the Labor Code of the Philippines and other pertinent laws such as but not
limited to: Magna Carta of the Persons with Disability, Magna Carta for Senior Citizens,
Child and Youth Welfare Code, Magna Carta for Women, Indigenous Peoples Rights
Act, among others.

There is work-related discrimination when disability, age, health status, sexual


orientation, gender identity and expression, ethnicity, and religion are included in the
criteria for hiring, promotion, and dismissal of workers, when the same are immaterial to
the nature of the work required, and in the determination of employee compensation,
training, incentives, privileges, benefits or allowances, and other terms and conditions of
employment.

a. Refusing employment to a job applicant on the basis of disability, age, health


status, sexual orientation, gender identity and expression, ethnicity, and religion.
b. Discrimination due to the denial of an applicant or revocation of a professional
license, clearance, certification or any other document issued by a by
government authority due to applicant’s disability, age, health status, sexual
orientation, gender identity, ethnicity, and religion shall be handled by the
appropriate administrative agencies of government which grants such license
clearance, certification and other documents without prejudice to recourse by the
victims with the appropriate court and other concerned government agencies.

6. Harassment and other Analogous Act

a. Subjecting a person or group of persons to harassment generally defined as


such unwanted conduct, pattern of conduct, act, or series of acts which tend to
annoy, insult, bully, demean, offend, threaten, intimidate, alarm, or create a
hostile or emotionally distressing environment, or put them in fear of their safety;
and which behavior is motivated in whole or in part by the offender’s bias, belief,
or perception regarding the offended party’s disability, age, health status, sexual
orientation, gender identity, ethnicity, and religion. Such prohibited act may
include physical assault, stalking, or making derogatory comments, slurs or lewd
propositions, and may be conducted through any form of medium, including but
not limited to, visual representation, broadcast communication, correspondence
or communication through mail or any telecommunication device through the
internet and cyberspace.
b. Preventing a child under parental authority, custody, or guardianship from
exhibiting or expressing one’s sexual orientation or gender identity; or
manifesting rejection of such child’s sexual orientation or gender identity or
expression by inflicting or threatening to inflict bodily or physical harm against the
child or by causing mental or emotional suffering of the child through intimidation,
harassment, public ridicule or humiliation, repeated verbal abuse, or other similar
means, or in general, commit any act or omission prejudicial to the welfare and
interest of the child as a result of the bias against the sexual orientation or
gender identity of the child;
c. Subjecting a person to any other analogous acts that shall have the effect or
purpose of impairing or nullifying the enjoyment, recognition, or exercise of a
person’s rights and freedoms.

SECTION 164. Anti-Discriminatory Programs. The Local Government Unit of Malungon shall
endeavor to ensure that discrimination is prevented and effectively addressed through the
following programs:

a. Discrimination and Stigma Reduction Program – The local government unit of


Malungon shall allocate funds to address discrimination and stigma which has the
following components:

I. Capacity Building and Education Campaign – To curb social stigma and


eliminate discrimination, a comprehensive consciousness and
awareness-raising campaign and developing knowledge, harnessing
skills, and values formation on respect for human rights and human
dignity shall be undertaken within public and private institutions,
establishments, organizations, and communities. Further, the program
shall include the following:

i. Discrimination and Stigma Studies and Databank – Fund shall be


allocated for stigma and discrimination case documentation,
researches, and information dissemination as well as set up a
database of different cases and experiences of stigma and
discrimination.

ii. Anti-Discriminatory Sensitivity Seminars – for all organized


institutions private or public that includes the educational
institutions, business establishments and within the Municipality of
Malungon with no exemptions.

b. Access to Scholarships, Skills, Employment and Livelihood Opportunities -


The Local Government Unit of Malungon shall ensure that all persons residing in the
Municipality of Malungon shall have equal access to scholarships, skills trainings,
employment, livelihood opportunities, and microfinance opportunities and ensure
equitable access by persons who for reasons of disability, age, health status, sexual
orientation, gender identity, ethnicity, and religion are discriminated.

c. Access to Legal Representation - The Local Government Unit of Malungon shall


facilitate and assist victims of stigma and discrimination and shall be afforded legal
representation when documenting and filing cases as well as during the duration of
the case;

d. Policy Review – The Local Government Unit of Malungon shall ensure that all
policies embodied in resolution, ordinances, codes, and other policy documents are
free from discriminatory statements and provisions, and undertake necessary
amendments to those provisions to effectively eliminate discrimination, stigma, and
stereotypes.

e. Social Protection Program- The Local Government Unit of Malungon shall handle
specific concerns relating to discrimination based on disability, age, health status,
sexual orientation, gender identity, ethnicity, and religion through the Gender and
Development Office, Municipal Social and Welfare Office and Malungon Police
Station, to wit:

i. Develop a system to document and report cases of discrimination and


violence and provide assistance to the victims thereof;

ii. Ensure that barangay official, barangay security, or tanod and other barangay
workers including volunteers, undergo training to enable them to respond to
victims of discrimination and violence;
iii. Assist the victim in filing the appropriate complaint with the Malungon Police
Station.

SECTION 165. Remedial Measures – The remedial measures for any complaints against any
person(s) who may violate this Ordinance may include but not limited to the following, to wit:

a. Complainants shall lodge their complaint(s) of any violation with the Lupon
Tagapamayapa (Barangay Chairman) as provided by the RA 7160 otherwise
known as the Local Government Code of 1991 and the Katarungang Pambarangay
Law, provided both parties are residents of the same barangay; otherwise, the
case shall be filed directly in court.

b. The key roles of the Barangay Violence against Women and Children (VAWC)
Desk and Women and Children Protection Center in the implementation of this
ordinance is vital.

c. Any form of bigotry, stigma, and discrimination shall not be tolerated and shall be
grounds for the filing of complain subject to the nature of the mental, psychosocial,
and physical trauma a person is experiencing whether it may be in the form of hate
speech, bashing, humiliating, bullying, shaming, that consequentially would result
to anxiety and depression as mental and psychosocial traumas.

d. The victim of SOGIE-based discrimination can pursue and file separate and
independent action for damages and other affirmative reliefs.

e. The victim of ethnicity-based discrimination can pursue and file separate and
independent complains through the office of the Municipal Tribal Council which
would undergo a different system of measures.

SECTION 166. Creation and Composition of Anti-Discrimination Council – There shall be


created the Anti-Discriminatory Council (ADC) within one year from the effectivity of the
Ordinance, shall be directly and primarily responsible for the implementation of the provisions of
this Ordinance.

It shall be the duty of the ADC to coordinate with the appropriate agencies and the offices to
implement the programs provided in this Ordinance and monitor or take action on any complaint
brought before it falling under the provisions of the Prohibitions of this Ordinance.

The composition of the Council shall be as follows:

Chairperson : Local Chief Executive


Co-Chairperson: Sangguniang Bayan Committee Chair on Social Services
Members : Gender and Development Focal Person
Municipal Health Officer
Department of Education District Supervisors
Local Youth Development Officer
Municipal Tribal Chieftain
Liga ng mga Barangay President
Secretariat : Municipal Social Welfare and Development Officer

SECTION 167. Anti-Discrimination Concerns Desk. All Barangays in the Municipality of


Malungon are strongly encouraged to handle concerns relating to discrimination based on
religion, ethnicity, sexual orientation and gender identity, health status, disability, and age
through the establishment of Anti-Discrimination Desk

a. Develop a system to document and report cases of discrimination and violence to assist
the victims;
b. Ensure that barangay officials, barangay tanods and other barangay workers, including
volunteers, undergo training to enable them to respond to victims of discrimination and
violence;
c. Assist the victim in filling the appropriate complaint with the Malungon Police Station or
other law enforcement agencies;
d. Ensure that all pertinent documents are forwarded to the Malungon Police Station and
Municipal Social Welfare Development Office.

SECTION 168. Implementation. The Municipal government of Malungon through the Municipal
Social Welfare and Development Office shall be directly and primarily responsible for the
implementation of the provisions of this Ordinance. It shall be the duty of MSWDO to coordinate
with other appropriate agencies and offices to implement the programs provided under Section
165, and monitor or take action on any complaint brought before it falling under the provisions of
Section 164.

Complaints referred to the barangay for conciliation and mediation purposes shall be in
accordance with the provisions of the Local Government Code of 1991, as amended.

Work-related discrimination shall be subjected to the provisions of the Labor Code of the
Philippines and other pertinent laws such as but not limited to the Magna Carta for Persons with
Disability, Magna Carta for Senior Citizens, Child and Youth Welfare code, Magna Carta for
Women, Indigenous Peoples’ Rights Act. There is work-related discrimination when disability,
age, health status, sexual orientation, gender identity, ethnicity, and religion are included in the
criteria for hiring, promotion, and dismissal of workers, when the same are immaterial to the
nature of the work required, and in the determination of employee compensation, training,
incentives, privileges, benefits or allowances, and other terms and conditions of employment.

Discrimination due to denial of an application or revocation of a professional license,


clearance, certification or any other document issued by any government authority due to
applicant’s disability age, health status, sexual orientation, gender identity, ethnicity, and
religion shall be handled by the appropriate administrative agencies of government which
grants such license clearance, certification, and other documents without prejudice to
recourse by the victims to appropriate court and other concerned government agencies.
SECTION 169. PERSON LIABLE. Any person, natural or juridical, who commits any of the acts
herein prohibited, shall be criminally liable and penalized accordingly. In case of juridical
persons, such as but not limited to corporations, partnerships, associations, institutions, whether
private or public, the President or head of office, shall also be criminally responsible.

ARTICLE XV
GENDER SENSITIVE AND PWD COMPLIANT INFRASTRUCTURE

SECTION 170. Gender-Sensitive Physical Plan. All public and commercial buildings and
structures should be designed in a manner that helps prevent sexual harassment and sexual
abuse and facilitates easy mobility and accessibility of women, children, the elderly, and PWD.
For inappropriate causes, the building official shall ensure that building and structural designs
conform to the standard requirements before the issuance of building permits. The Municipal
Engineering Office shall ensure compliance hereof and no occupancy permits or turn-over of
project completed shall be made for such non-compliant building.

SECTION 171. Facilities for Men, Women, and Differently-abled Persons, PWDs. All
government and private offices, clinics/hospitals, and other establishments such as activity and
training centers shall have separate toilets and lavatories for men, women, and differently-abled
persons. There shall be located male urinal, toilet bowls, and hand washing facility specific for
children to be included at the female/mother's comfort room area together with the diaper
changing table.

SECTION 172. Accessibility and Easy Mobility of Women, Children, Elderly, and PWD. In
all infrastructure projects to be implemented, government or private initiated, accessibility and
easy mobility of women, children, elderly, and differently-abled persons shall be considered.
Public and private buildings and structures for public use shall comply, as follows:

1. Buildings for public use must have ramps and access compliant with the standards;
2. Buildings must have gender-sensitive comfort rooms (male & female, differently-abled
persons) compliant with standards;
3. Diaper-changing, children's toilet bowls, children's male urinals, and appropriate hand
wash areas for children be provided;
4. Appropriate parking areas for differently-abled persons shall be accessible, including,
appropriate lighting in the said parking areas. Streets and highways shall be well-lighted
for public safety;
5. Public buildings shall provide for a child-minding area and breast-feeding room or area.s
6. Streets, highways, and transport-related structures shall be barrier-free facilities with
accessibility feature such as ramps, and other access in buildings, cut-out curbs, and
access at sidewalks.

CHAPTER III
PENAL PROVISIONS

Any violation of this Code or commission of the foregoing prohibited acts shall be penalized.
SECTION 173. Non-Disclosure of Victims’ and Offenders’ Identities. It shall be unlawful for
a person to disclose confidential information or records of victims and survivors of violence to
the public in any manner. Any person who violates this Code shall be penalized with 15-day
imprisonment or payment of Two Thousand Five Hundred Pesos (P 2,500.00) or both, at the
discretion of the court. The confidentiality provision as quoted under Section 7 of the Anti-
Trafficking law as amended, as follows:

“SEC. 7. Confidentiality. – At any stage of the investigation, rescue, prosecution and


trial of an offense under this Act, law enforcement officers, prosecutors, judges, court
personnel, social workers and medical practitioners, as well as parties to the case, shall
protect the right to privacy of the trafficked person. Towards this end, law enforcement
officers, prosecutors and judges to whom the complaint has been referred may,
whenever necessary to ensure a fair and impartial proceeding, and after considering all
circumstances for the best interest of the parties, order a closed-door investigation,
prosecution or trial. The name and personal circumstances of the trafficked person or
any other information tending to establish the identity of the trafficked person and his or
her family shall not be disclosed to the public.”
"It shall be unlawful for any editor, publisher, and reporter or columnist in case of printed
materials, announcer or producer in case of television and radio, producer and director
of a film in case of the movie industry, or any person utilizing tri-media facilities or
electronic information technology to cause publicity of the name, personal
circumstances, or any information tending to establish the identity of the trafficked
person except when the trafficked person in a written statement duly notarized
knowingly, voluntarily and willingly waives said confidentiality.
"Law enforcement officers, prosecutors, judges, court personnel, social workers and
medical practitioners shall be trained on the importance of maintaining confidentiality as
a means to protect the right to privacy of victims and to encourage victims to file
complaints."
SECTION 174. Immediate Action on Report and/or Delivery of Service. Failure to act
within 24 hours by concerned person or authority on complaints and/or appropriate legal,
medical, counselling, psycho-social referral assistance to the complainants as provided
by RA 9262 or The Anti-Violence Against Women and their Children, RA 9208 or The
Anti-Trafficking in Persons Act as amended, RA 10364, RA 7610 or Special Protection of
Children Against Child Abuse, Exploitation and Discrimination, RA 10354 or The
Reproductive Health Act of 2012, RA 7877 or The Sexual Harassment Law, and RA
8353 or The Anti-Rape Law, shall constitute neglect of performance of duty and shall be
penalized with the provisions of Civil Service Code, Local Government Code of 1991
and other applicable laws.

SECTION 175. The Municipality of Malungon resolve to protect the rights of women and
children by adopting the existing national laws and its corresponding penal provisions, to wit:

a. Republic Act No. 9710 (The Magna Carta for Women) and other statutes
b. Republic Act No. 7877 (Anti-Sexual Harassment Act of 1995)
c. Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of 2004)
d. Republic Act No. 9344 (Juvenile Justice and Child Welfare)
e. Republic Act No. 9208 as amended RA 10364 (Anti-Trafficking in Persons)
f. Article No. 266-A Revised Penal Code of the Philippines (Rape)
g. Presidential Decrees No. 960 and 969 (Pornography)
h. Republic Act No. 9775, Sec. 4 (Anti-Child Pornography)
i. Republic Act No. 6955 (Anti-Mail-Order Bride)
j. Republic Act No. 6949 (National Women’s Day - March 8)
k. Republic Act No. 7192 (Women in Development and Nation Building Act)
l. Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation
and Discrimination Act)
m. Republic Act No. 8353 (Anti-Rape Law of 1997)
n. Republic Act No. 8505 (Rape Victim Assistance and Protection Act of 1998)
o. Republic Act No. 11313 (Safe Spaces Act)
p. Republic Ac No. 11939 (Anti-Online Sexual Abuse or Exploitation of Children (OSAEC)
and Anti-Child Sexual Abuse or Exploitation Materials (CSAEM) Act.

SECTION 176. Soliciting Women’s Services. It is unlawful for a person to solicit a woman or
child’s services for sexual purposes as a gift, representation, public relations, or as an act of
goodwill regardless of whether the solicitor profits or not from such action without prejudice to
the provision of the Revised Penal Code and other related laws.

SECTION 177. Sex Slavery. Any agency or person who shall engage in keeping women and
children for sex for a fee shall suffer the penalty under the Revised Penal Code and other
pertinent laws.

SECTION 178. Sex Tours. No resorts, pension, lodging houses, and related establishments
shall be allowed to operate as a conduit for sex tours. Organizers of sex tours and owners of the
establishments shall be penalized under the penal provision of this code.

SECTION 179. Prohibited Fund-Raising Initiatives. Fundraising activities wherein men and
women are used as door prizes, substitutes for door prizes, or companion packages for an
award, prize, or recognition to raise funds shall be strictly prohibited. Organizers and all other
persons responsible for the conduct of said fundraising activity shall pay a fine of Two Thousand
Five Hundred Pesos (Php 2,500) and/or suffer imprisonment for six months (6) or both, at the
discretion of the Court.

SECTION 180. Contests which Degrade Women and Men. Beauty contests and other similar
activities whose purpose and presentation tend to abuse, humiliate and treat and degrade
women, men, and children shall be strictly prohibited in schools, barangays, and communities
within the municipality's jurisdiction. Instead, the projection of women and children's strengths
and potentials shall be encouraged.

SECTION 181. Violation on Equal Access to Job Training and Promotion. No one shall be
deprived of job training or promotion based on gender, sexual orientation, age, ethnicity, civil
status, and religion. Employers who violate this provision shall be penalized with a fine of Two
Thousand Five Hundred Pesos (P2,500.00), the cancellation of their business permits, or both
at the court's discretion.

SECTION 182. Wages and Benefits. Every employer shall comply with the minimum wage as
prescribed by the Regional Wage Board or as may be provided by existing laws and shall grant
all employee benefits without discrimination against women. Violations by employers shall be
penalized as provided in the Labor Code.
SECTION 183. Raids in Entertainment Establishments. Police brutality shall not be allowed
anywhere, at any time, and in any activity such as during raids in entertainment establishments
and similar places. Raids shall be conducted according to the law and in a manner that shall not
degrade or humiliate others. Violators of this provision shall be subject to appropriate
administrative, civil, or penal sanctions.

SECTION 184. Equal Treatment to Persons in the Special Sectors. Any ridicule,
embarrassment, insult, and harassment to persons with disabilities, elderly, solo parents,
Muslim and other cultural communities, and those with sexual preferences shall be penalized
under the penal provision of this code.

SECTION 185. Prohibition Against Degrading Programs and Publications. It shall be


unlawful for any person or entity to present reports, programs, or advertisements in print,
broadcast, electronics, film, or other forms of media, including stage shows or presentations,
that degrade or treat women and men, minors and children as inferior beings or which in any
manner subject them to humiliation and ridicule. Publishers, reporters, station or program
managers, advertisers, producers, directors, actors, or other persons responsible for such, shall
be penalized with a fine of Two Thousand Five Hundred Pesos (P2,500.00) or imprisonment of
one (1) month or both at the discretion of the court. The court may impose suspension or
revocation of the business permit or franchise to operate.

ARTICLE IV
FINAL PROVISIONS

SECTION 186. Appropriation. The municipal and barangay government units shall
appropriate at least 5% of the total annual budget of the LGU to GAD programs, projects, and
services. The GAD Budget shall not constitute an additional budget over an LGU’s total budget
appropriations. The five percent (5%) GAD budget shall endeavor to influence the remaining
95% of the LGU budget toward gender-responsiveness. To gradually increase the gender-
responsiveness of the program and projects, the municipality may attribute a portion or whole of
their budgets to the GAD budget supporting gender-responsive PPAs using the Harmonized
Gender and Development Guidelines (HGDG).

SECTION 186. Compliance Report. Upon the effectivity of this Code and every year thereafter,
all Heads of Offices in the Municipality of Malungon and instrumentalities, shall submit a report
to the GFPS Executive Committee on the compliance with this Code.

SECTION 187. Separability Clause. If for any reason any portion or provision of this Code is
declared unconstitutional or invalid, the other sections of the provisions hereof which are not
affected thereby shall continue to be in force and effect.

SECTION 188. Supplementary Clause. On matters not provided for in this Code, any existing
applicable law and its corresponding implementing rules and regulations, executive orders and
relevant issuances issued therefore shall apply in supplementary manner.

SECTION 189. Repealing Clause. All ordinances, resolutions, memoranda, orders and other
issuances which are inconsistent with this Code are hereby repealed or modified accordingly.
SECTION 190. This Code shall take effect upon approval by the Municipal Mayor and upon
compliance with the mandatory posting and publication requirements prescribed under Republic
Act No. 7160, otherwise known as the Local Government Code of 1991.

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