Angeles City Legislative Information System
Ordinance Number: 303
Series: 2011
Title: AN ORDINANCE ENACTING THE GENDER AND DEVELOPMENT CODE OF ANGELES CITY, AND FOR OTHER PURPOSES.
Author: Councilor Maricel M. Morales
Approved Date: December 29, 2011

Ordinance No. 303
 
Series of 2011
 

WHEREAS, International Conferences like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child gave recognition and protection for women and children’s rights; (1979)

WHEREAS, the Philippines is one of the signatories to the treaties adopted in these conventions, and as such has adopted numerous measures to abide by the provisions of the said treaties;

WHEREAS, Article II, Section 14 of the 1987 Constitution 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”; (1987)

WHEREAS, Article XIII, Section 14 of the 1987 Constitution states that, “The State shall protect working women by providing safe and healthful working conditions, taking into account their maternal functions, and such facilities and opportunities that will enhance their welfare and enable them to realize their full potential in the service of the nation”; (1987)

WHEREAS, the Women in Development and Nation Building Act (RA 7192) mandates the  mainstreaming gender equality and women’s empowerment as part of government policies and services; (Feb. 12, 1992)

WHEREAS, Republic Act 7610, Provides For Strong Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, and for other purposes, (June 17, 1992);

WHEREAS, Republic Act 7877 also known as Anti-Sexual Harassment Law states that Sexual harassment is Unlawful in the Employment, Education or Training Environment; (Act of 1995)

WHEREAS, Republic Act 8353 Expands 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. (September 30, 1997)

WHEREAS, Section 28 of the 1998 General Appropriations Act (RA 8522) and the Local Budget Memorandum No. 28 dated June 15, 1997 likewise directs all departments, bureaus, offices, agencies, instrumentalities, and the local government unit to set aside a minimum of five (5) percent out of their Annual and Supplemental Appropriation to be used for programs, projects and activities designed to address gender issues in accordance with RA 7192; (March 6, 1998)

WHEREAS, the Philippines is also one of the signatories to the Millennium Declaration signed in September 2000 during the United Nations’ Millennium Summit where the Millennium Development Goals was adopted; (September 6-8, 2000)

WHEREAS, in support of the State policy, the city government shall adhere to R.A. 8972, otherwise known as the Solo Parents’ Welfare Act of 2000, to develop a comprehensive program for social development and welfare services for solo parents and their children;

WHEREAS, Republic Act 9208 Institutes 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; (May 26, 2003)

WHEREAS, Republic Act 9262 Defines Violence Against Women and Their Children, Providing for protective Measures for Victims, Prescribing Penalties Therefore and for other purposes; (March 8, 2004)

WHEREAS, Republic Act 9344 also known as Juvenile Justice and Welfare Act of 2006, states: The State shall protect the best interests of the child through measures that will ensure the observance of international standards of child protection, especially those to which the Philippines is a party. Proceedings before any authority shall be conducted in the best interest of the child and in a manner which allows the child to participate and to express himself/herself freely. The participation of children in the program and policy formulation and implementation related to juvenile justice and welfare shall be ensured by the concerned government agency. (March 22, 2006)

WHEREAS, the Philippines is committed to promote gender equality and the empowerment of women, as part of the overall efforts to combat poverty and hunger to stimulate sustainable development as provided for in R.A 9710 otherwise known as Magna Carta of Women; (August 14, 2009)

WHEREAS, Joint Memorandum Circular No. 2010-2 dated December 9, 2010 states the Guidelines in the Establishment of a Violence Against Women and Children (VAWC) Desk in Every Barangay in accordance to Section 12 D, Rules and Regulations implementing the Magna Carta of Women provides for the establishment of a VAW Desk in Every Barangay to ensure that violence against women are fully addressed in a gender responsive manner;

WHEREAS, the City Government of Angeles is one of the first cities to adopt a Gender and Development Program and officially organized the Gender and Development Council and Gender and Development Office through the passage of Ordinance No. 82 S-98 as amended by Ordinance No. 90 S-99;

WHEREAS, City Government of Angeles is committed to support the policies and program defined in the Philippine Plan for Gender-Responsive Development 1995-2025 (E.O. 273);

WHEREAS, in recognition of the initiatives and concerted efforts of NGOs with services and programs for women and children such as Angeles City Women Coordinating Council (ACWCC), a development framework and plan for the women of Angeles City has been formulated thus resulting in the passage of this Ordinance;

WHEREAS, there is a need to formulate a Gender and Development Code for the City of Angeles in order to promote gender-responsive governance, institutionalize the protection of the democratic rights of women and children; and pursue women’s economic empowerment;

 

NOW, THEREFORE, be it ordained by the Sangguniang Panlungsod of Angeles City in session assembled:

CHAPTER I

GENERAL PROVISIONS

Article A. Title and Policies.

Section 1.01. Title. - This Ordinance shall be known as “The 2011 Gender and Development Code of Angeles City”.

Section 1.02. Statement of Policies. –

  1. The City Government of Angeles recognizes the role of women as full and equal partners in development and nation building and as such undertakes to enhance women’s full potentials, uplift their status and lead to the improvement of their quality of lives. Corollary, the City Government shall pursue and implement gender-responsive development policies and programs, and work for the elimination of all forms of discrimination of women and children;

 

  1. The City Government of Angeles shall undertake gender mainstreaming at all levels, thereby assuring the promotion of women empowerment to enable the local women including the women of indigenous cultural communities become active agents and participants of development, and not just mere beneficiaries; further enabling them to make independent decisions based on their own views and perspectives; and, furthermore allowing them to fully and equally make use of available information, technology, goods, and services;

 

  1. The City Government of Angeles shall continue to work towards the strengthening of partnership with Non-Government Organizations (NGOs), People’s Organizations (POs), Private Sector (PS) as well as charitable institutions and foundations that advocate Gender Equality, Sexuality, and Reproductive Health;

 

  1. The City Government of Angeles affirms its commitment to promote and protect the following rights of women and children:

 

d.1. Right to be protected against all forms of violence and coercion against their person, their freedom, their sexuality, and their individuality;

d.2. Right to freely and fully participate individually or collectively in the political processes of their communities, the city and the nation;

d.3.  Right to economic welfare and security;

d.4. Right to acquire the necessary knowledge and the means to fully exercise their respective choices according to their beliefs and preferences;

d.5.  Right to choose a spouse in accordance with their values and preferences, maintain equality in marriage or its dissolution, and obtain adequate support for rearing and caring of their children;

d.6. Right to an adequate, relevant and gender fair education from childhood to adulthood;

d.7. Right to proper nutrition and health care;

 

d.8. Right to humane living condition;

d.9. Right to nurture their personhood, to secure an image of themselves as whole and valuable human beings, to build relationships based on respect, trust and mutual respect;

d.10.    Right to equality before the law in theory as well as in practice.

 

Section 1.03. Policy Directions. - To accomplish the aforementioned policies, the City Government of Angeles shall formulate programs, projects and strategies that will:

a. Strengthen the implementation of all international and national, special statutes, rules and regulations, memoranda, circulars, and other issuances promoting gender equality, sexuality, reproductive health and rights;

b. Mainstream gender concerns in the formulation of development plans, programs, policies and activities;

c. Step-up gender-sensitivity awareness campaigns and programs on gender issues and concerns;

d. Reinforce GO-PO-NGO-PS cooperation to maximize the effectiveness of programs and services addressing Gender and Development concerns;

e. Support and increase the participation of grassroots women including the women of indigenous cultural communities in planning, implementation, monitoring and evaluation of development programs;

f.  Recommend appropriate programs that are gender-sensitive at all academic levels;

g. Ensure gender responsive relief and rehabilitation programs with special focus on women’s and children’s needs;

h. Involve men in family planning programs, health and child care and nutrition concerns and engage them in projects that will enhance the well-being of the family;

i. Orient and educate the manpower resources of commercial establishments, schools, other government agencies and the local mass media and advertising agencies and encourage them to promote gender development in their respective fields of endeavor;

j. Set up crisis intervention centers and shelters in the City of Angeles for victims of violence against men, women and their children and other social conflicts especially the survivors of violence against women and children;

k. Institutionalize capability-building programs among women in the barangay level so as to enable them to gain confidence to participate in the community projects and in making their opinions heard by the decision-making bodies;

l.  Create the necessary mechanisms to enable indigenous women to participate in development programs and gain access to non-traditional sources of livelihood, credit financing, productive skills and technologies.

 

Section 1.04. Definition of Terms. – The definition of terms and phrases shall be reflected in the different ordinances comprising this Code.

 

CHAPTER  2

GENDER AND DEVELOPMENT

 

Article A. CREATING THE CITY GENDER AND DEVELOPMENT (GAD) COUNCIL OF ANGELES CITY, DEFINING ITS POWERS AND DUTIES.

 

Section 2A.01 .  Definition of Terms.  For purposes of this Ordinance, the following shall mean:            

  1. Sex – is the genetic and physical or biological identities of a person which indicates whether one is male or female;
  1. Gender – refers to socially learned behavior and expectations associated with the two sexes. Thus, whereas maleness and femaleness are biological facts - masculinity and femininity are culturally constructed attributes. It also refers to the socially differentiated roles and characteristics attributed by a given culture to women and women. In short, all differences besides the strictly biological;
  1. Gender and Development - refers to a development approach that recognizes the unequal status between men and how this is generated and reflected in all aspects of our socio-economic, political, cultural and personal lives. The process of integrating gender at the level of policy making, planning and program development, implementation and management is aimed towards gender equality, gender equity ultimately to achieve women’s empowerment.
  1. Gender Issues / Concerns – issues, concerns and problems arising from the different roles and played by women and men, as well as those that arise from a questioning of the relationship between them;
  1. Gender-Responsive Planning / Gender Responsive Development Planning – it is simply the use and integration of the Gender and Development (GAD) framework into the entire development planning cycle. It rests on the premise that introducing gender considerations makes development planning / programming more “people oriented”;
  1. Gender Responsive Programs / Projects – these are programs and projects that systematically incorporate or address gender concerns.
  1. Gender and Development Plan – is a systematically designed set of programs, projects and activities carried out by the Gender and Development Council over a given period of time to address issues and concerns particularly those that revolves in the women sector;
  1. Practical Gender Needs – these have to do with what people need to perform their current role, more easily, effectively, or efficiently and they can usually be identified by people themselves; i.e.  lack of resources, like health and education services etc.;
  1. Strategic Gender Needs – these are concerned with changing the subordinate (disadvantaged) position of women in society; i.e.  improving educational opportunities (adult literacy classes, female teachers provided as role models etc), allowing women to take part in decision making (local committee membership, participation in election etc), allowing equal opportunities for employment (equal pay for comparative jobs even if there is a gender division of labor);
  1. Women in Development – a development framework or approach which gives recognition to the distinct needs and capacities of women with considerable focus on developing strategies and action programs that will facilitate participation in the productive sector;
  1. Gender-Responsive Medium Term Plan - articulates the vision, mission, goals and strategies for gender equality and women’s empowerment of an agency or LGU for the medium term plan, usually covering six years.
  1. Mainstreaming Gender Concerns – integration of gender concerns in the development agenda in order to address gender inequalities.
  1. Gender Women with Disability Comprehensive Plans – these are programs/projects and activities that are systematically attainable based on the prevailing grievances of women with disability towards self-development, self-reliance and full participation into the mainstream of society.

 

Section 2A-02. Creation of the Gender and Development (GAD) Council . There is hereby created a Gender and Development (GAD) Council  in the City of Angeles at the City level only;

 

Section 2A-02.A.  Composition of the GAD Council. The City Gender and Development Council shall be headed by the City Mayor as the Chairperson and co-chaired by an elected Chairperson from the representative of women NGOs in the city who must not be a government employee either appointed or elected. The Co-Chairperson shall have the authority to preside in the absence of the Chairperson and submit for approval any and all recommendations of the members of the Council to the Chairperson. The Council shall be composed of the  following members:

  1.   The Chairperson of the Committee on Women;
  2.   The representative of the Pederasyon Ng Mga Sangguniang Kabataan;
  3.   The City Social Welfare and Development Officer (CSWDO);
  4.   The City Health Officer;
  5.   The City Population Officer;
  6.   The City Planning Officer;
  7.   The Gender and Development (GAD) Officer;
  8.   Representative of the Association of Barangay Captains;
  9.   One representative from the government sector to be appointed by the City     Mayor
  10.   Representative of the Women Non-Government Organizations operating in the city,  who shall     constitute fifty percent (50%) of the member of a fully organized GAD Council in the first year of implementation. On the second year of implementation, equal number of representation from GO and NGO will compose the fully organized GAD Council.

 

Section 2A.03. Representation of Women Non-Governmental Organization. Within a period of sixty (60) days from the start of the organization of the GAD Council, the women non-governmental organizations (WNGO’s) shall choose from among themselves their representation in the said council. (Sec.2A.04a)

Section 2A.04. Eligibility/Criteria for the accreditation of Women’s Non-Governmental Organizations.  The local sanggunian and city.

  1. At least six (6) months of existence on the first year of the first year of implementation of this ordinance, with vision, mission, goal and three years plan;
  2. On the second year of implementation of this ordinance, at least two (2) years of operation with vision, mission, goal and three years plan;
  3. Submit the latest financial report;
  4. Their existence must be certified by any of the following:

d.1. City mayor or city council through a city resolution;

d.2. Affiliation to city, provincial, regional or national registrations;

d.3. CDA or SEC registration;

 

Section 2A.05. Secretariat. – There is hereby constituted for Gender and Development Council a secretariat which shall be responsible for providing technical support, documentation of proceedings, preparation of reports and other assistance as may be required in the discharge of its functions. The GAD Council may avail of the services of any non-governmental organization or educational or research institution for this purpose; (Sec. 6a) The City GAD Council shall in coordination and consultation with the different agencies of the government particularly the National Commission on the Role of Filipino Women and the National Economic and Development Authority formulate its own Gender and Development Programs/Projects;

           

Section 2A.06.  Powers and Duties of the GAD Council. – For the proper implementation of the GAD plans and to ensure the promotion of the welfare of the women sector, the GAD Council shall exercise and perform the following powers and duties:

 

  1. Formulate long-term, medium term and annual integrated gender and development plans and policies;
  2. Submit or develop a comprehensive developmental program responsive to the needs and situation of the women sector of the city;
  3. Identify the problem confronting the women sector and formulate programs, projects and activities (PPA) that will uplift their condition;
  4. Monitor and evaluate the implementation of national or local programs and projects;
  5. Promote and support the establishment of consultative mechanism which shall provide for a continuing dialogue between the government and the women sector;
  6. Maintain and update a data bank through the conduct of primary and secondary data gathering activities;
  7. Determine the existing gender issues and dimensions and extent of the gender issues within the city;
  8. Prioritize the identified issues and draws up the objectives, targets and strategies address to the GAD Council;
  9. Estimate the resources needed in implementing the GAD Plan;
  10. Conduct seminars on gender sensitivity and gender responsive planning;
  11. Perform such other functions and exercise such other powers as may be provided by law or competent authority.

 

Section 2A.07.  Meetings and Quorum.       The GAD Council shall meet once a month or as often as may be necessary. When both chairpersons are present, the City Mayor as matter of protocol shall be given preference to preside over the meeting. Fifty percent (50%) plus one (1) constitutes the quorum of the Council.             The chairperson or the co-chairperson may call a special meeting at any time as the exigencies of the program may require.

 

Section 2A.08.  Women’s Month.  The celebration of the women’s month shall be held every 8th day of March. A mandatory non-working holiday shall be declared in public office/s of the city government for the celebration of the women’s month, to which an amount shall be appropriated necessary and sufficient to cover the expenses which shall be incurred by reason thereof subject to the existing accounting rules. (Sec 9a)

 

Section 2A.09.  Executive Committee.   The GAD Council shall create an executive committee to represent it and act in its behalf when it is not in session. The composition of the executive committee shall be as follows: (Sec. 10a)

 

  1. The Executive Committee of the City Gender and Development Council shall be composed of the City Mayor and its co-chairperson, Chairman of the Committee on Women, Chairman of the Committee on Appropriations, the City Social Welfare and Development Officer, GAD Officer, the chosen representative of the City Mayor and the chosen representatives of women non-government organization/people’s organization represented in the council as members;

 

  1. The Executive Committee shall exercise the following powers and duties:

b.1. Ensure that the decision of the council are faithfully carried out and implemented;

b.2. Act on matters requiring immediate attention or action by the council;

b.3. Formulate policies, plans and programs based on the general principles laid down by the council;

b.4. Act on other matters that may be authorized by the council;

b.5. All decisions emanating from the council must be a product of a democratic process;

b.6. All decisions on the council should be decided by the majority vote of the members of the executive committee;

b.7. Integrate and monitor the GAD Plans;

b.8. Points to steer and oversee gender mainstreaming in the GAD Plan;

b.9. To exercise such other powers and duties as the law may provide; necessary in the proper implementation of the programs;

 

Section 2A.10.  Relation of GAD Council to the Sanggunian and the Regional Focal Point Agency.

 

  1. The policies, programs and projects proposed by the GAD Council shall be submitted to the Sanggunian concerned for its approval and/or ratification. 
  2. The GAD plans must be integrated with the whole development plan of the city.
  3. The approved GAD Plans will be submitted to NCRFW (National Commission on the Role of Filipino Women) to help them determine the kind of technical assistance they need in implementing GAD plan.

 

Section 2A.11.  Sectoral and Functional Committee. The GAD Council may form sectoral and

functional committees to assist them in the performance of their functions. It can also create and

organize a core group of GAD advocates or GAD Focal points to steer and oversee gender

mainstreaming in the GAD Plan.

 

Section 2A.12.   GAD Budget.  

 

Section 2A.12.A. The annual GAD Budget shall give priority to the following:

 

  1. Education and Human Resources Development;

b.  Health, Nutrition and Family Planning;

  1. Social Welfare and Community Development (e.g. Barangay Day Care Centers, Senior Citizens and the Persons with Disability welfare programs);
  2. Labor and Employment;
  3. Special Concerns (e.g. Women and Migration, Prostitution, Violence Against Women, Women and Family, and Indigenous Cultural Communities)

 

Section 2A.12B. The GAD Budget may be used for the following budget items:

 

  1. Personal services, for example, the salaries of workers directly engaged in GAD programs, projects and activities;
  2. Maintenance and other operating expenses for the cost of managing women’s shelter, a  women’s health project, training of women in non-traditional occupations, and training of field workers in GAD, among others;
  3. Capital outlay such as building of and providing equipment for women’s shelters and training centers for women.

 

Section 2A.12C. The Accounting/Budget Office shall furnish the various GAD Councils’ information on financial resources and budgetary allocations applicable to their respective jurisdictions to guide them in their planning functions. Particularly, 5% of the general appropriation for the year shall be allocated annually for the programs and projects strictly of the GAD Council in accordance with the implementing guidelines as stated below.

 

Section 2A.12D. The minimum of five percent (5%) of the GAD Fund shall be used for

The following purpose/s:

 

  1. GENDER MAINSTREAMING (GM). – It is the integration of gender concerns in the development agenda in order to address gender inequalities. Some indicators of this process are as follows:

 

a.1. Situation analysis which identifies (a) differences or similarities in women’s and men’s conditions; (b) practical gender needs; (c) strategic gender needs and (d) potential and constraints to women’s ability to participate in and benefit from Programs, Projects and Activity (PPA);

a.2. Determines gender goals and set targets for women’s empowerment towards reducing gender inequality;

a.3. Strategies include ways to enhance women’s participation in and benefits from PPA’s and gender sensitivity training;

a.4. Activities aim to include both men and women; and where needed, new activities for women are designed;

a.5. Budgets must be allocated for gender-related activities, with respect to priority thrusts in relation to practical gender needs particularly of women and in consideration of the over-all city women development plan;

a.6. Conducting seminars or gender sensitivity and gender-responsive planning;

 

  1.  SETTING UP OF GAD FOCAL POINTS AND INSTITUTIONAL MECHANISM. Includes the creation and strengthening of agency mechanisms such as Focal Points, Technical Working Groups, and Trainers’ Pool tasked to guarantee that GAD concerns are recognized and addressed which should includes the following:

 

b.1. ADVOCACY and TRAINING. These are activities that develop awareness and support for GAD, equip development workers with skills required for gender mainstreaming, and sustain interest and concern for gender issues and gender focused undertakings.

 

b.2. PROGRAM PLANNING. These are activities provide planners with skills, guidelines and instruments to ensure that gender-responsive programs and projects are drafted and implemented.

 

b.3. DEVELOPMENT OF A GENDER-RESPONSIVE DATA and INFORMATION SYSTEM. These are activities make available data and information needed for designing, implementing, monitoring and evaluating GAD efforts. They involve reviewing and reformulating specific indicators to assess how programs and projects address gender issues.

 

  1. WOMEN-SPECIFIC (WS) PPA. These are activities intended to directly benefit women, including those that improve their access to basic services, such as the following:

 

c.1. Women’s health and safe motherhood programs and projects;

c.2. Skills training for women;

c.3. Crisis center for women;

c.4. Training women in non-traditional trades;

c.5. Provision of technical (i.e. providing gender neutral textbooks) and financial resources for women;

c.6. Mobilization and organization of women;

c.7. Counseling and therapy for women;

 

Section 2A.13.  GAD  OFFICER. The necessity to employ the services of an academically prepared and competent GAD OFFICER is a must. Hence no person shall be appointed as GAD Officer unless he/she is a citizen of the Philippines, a resident of the city government concerned of good moral character, a holder of a college degree from a reputable college or university, and a first grade civil service eligible or its equivalent.        The GAD Officer shall be appointed by the mayor based on the aforementioned qualifications and shall receive such remuneration equivalent to a salary grade 20.

The GAD Officer shall:

 

  1. Manage, organize and administer the affairs of the GAD Council;
  1. Formulate plans, objectives and measure together with the members of the GAD Council particularly those which have to do with the GAD programs/plan management related programs the end results of which would contribute to the accomplishment of the mission or the goals of the program;
  2. Collect data and set information to guide the GAD Council;
  3. Supervise and monitor all GAD activities;
  4. Organize the GAD Secretariat Office;
  5. Appoint qualified individuals to positions that may arise from the creation of the GAD Secretariat Office with the approval of the City Mayor;
  6. Perform such other functions as the Council may provide;

 

CHAPTER 3

 

PROTECTING AND PROMOTING WOMEN AND CHILDREN’S HUMAN RIGHTS.

 

Article A. PROMULGATING POLICIES AND MEASURES FOR THE PREVENTION AND CONTROL OF HIV/AIDS/STI IN ANGELES CITY, STRENGTHENING THE ANGELES CITY AIDS COUNCIL, PROVIDING FOR ITS POWERS AND FUNCTIONS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND FOR OTHER PURPOSES.

 

Section 3A.01. Short Title – This Ordinance shall be known as the “Angeles City AIDS Prevention and Control Ordinance.”

 

Section 3A.02.  Declaration of Policies and Principles.  Acquired Immune Deficiency Syndrome (AIDS) is a disease/condition that recognizes no territorial, social, political and economic boundaries for which there is no known cure.  The gravity of the AIDS threat demands strong state action today, thus, the City Government of Angeles City shall adhere to the following int


Principal Author
Councilor Maricel M. Morales