ORDINANCE NO: 2007-258 "AN ORDINANCE PROVIDING FOR THE GENDER AND DEVELOPMENT CODE OF THE CITY GOVERNMENT OF PAGADIAN" Be it ordained by the Sangguniang Panlungsod (8th City Council) of the City of Pagadian in session assembled, to wit: CHAPTER I - GENERAL PROVISIONS ARTICLE I TITLE PURPOSE, DECLARATION OF PRINCIPLES AND CITY GOVERNMENT POLICIES Section 1. - Title. This ordinance shall be known and cited as the "GENDER AND DEVELOPMENT CODE OF THE CITY OF PAGADIAN", hereinafter referred to as the GAD CODE of Pagadian City. Section 2. - Purpose and Objectives. This GAD Code is the instrument that would illustrate the full adherence of the City Government of Pagadian to the democratic principle that women and men are created equal. This initiative is aimed at mainstreaming women's concerns to create a wider arena of women's active participation in the development process, to protect women's rights and to provide them with opportunities equal to those available to men, as well as ascertain the respect for the principle of equality between women and men. Section 3. Declaration of Pagadian City Government Policies A. Declaration by the United Nations. Legal bases are not only supportive to this code but also coherent to the declarations of the United Nations, to wit: 1. Women have the right to the prevention of and protection from all forms of violence and coercion against their person, their freedom, their sexuality and their individuality. 2. Women have the right to freely and fully participate - individually or collectively - in the political processes prevalent in their communities and nations. 3. Women have the right to the knowledge and means necessary for the full exercise of their reproductive rights according to their beliefs and preferences. 4. Women have the right to the means of ensuring their economic welfare and security. 5. Women have the right to choose their spouses in accordance with their values and preferences, maintain equality in marriage, work for its dissolution if need be, and obtain adequate support for the rearing and caring of their children. 6. Women have the right to adequate nutrition and proper health care. 7. Women have the right to humane living conditions. 8. Women have the right to nurture and enhance their personhood collectively and/or individually, to secure an image of themselves as whole and valuable human beings, and to build relationships based on respect, trust and mutuality. B. Declaration of the Pagadian City Government. The City Government declares the following gender-sensitive principles and policies, among others: Pagadian City is a gender-sensitive and gender-responsive local government unit and it shall be the policy of the City Government to ensure both women/girls and men/boys to benefit equally and participate directly in the development programs and projects of its various departments and ensure the full participation and involvement of both men and women in the development process, pursuant to R.A. No. 7192 otherwise known as the woman and development Building Act. The City Government shall uphold the rights of women/girls and the belief in their worth and dignity as human beings in accordance with the fundamental freedoms guaranteed under the Constitution of the Philippines and the Provisions of the Universal Declaration of Human Rights, Convention on the Elimination Against Women and other international human rights instruments of which the Philippines is a party. Women shall be recognized as full and equal partners of men in development and nation building and men shall share equally with all forms of productive and reproductive activities. The City Government shall actively contribute to the establishment of a national and international economic order based on sustained, equitable growth and balanced ecology. The City Government shall undertake development efforts towards the realization of the rights of women, enhancement of their full potentials, upliftment of their status, and improvement of their quality of life, their families and communities. The City Government shall vigorously pursue and implement gender-responsive development policies, designs, and integrate specific gender support systems, take into consideration womens' and girls' right to economic survival, political participation, self-determination and personal empowerment. The City Government shall adopt and implement measures to protect and promote women's and girls' rights and ensure their widest participation in the local government, non-government organizations (NGOs), People's Organization (POs), and private/business sector in all phases of the development project cycle. C. Policy Direction. In the light of historical gender biases and inequalities, this local legislation shall provide the CITY GOVERNMENT OF PAGADIAN with a policy direction to formulate programs and strategies that would: Mainstream gender concerns in sectoral development plans, policies and programs; Intensify awareness campaign/advocacy on gender issues and concerns; Strengthen the partnership between Government, people's organizations, civic and non-government organizations to maximize the effectiveness of programs and services addressing gender and development (GAD) concerns; Encourage, expand and support the participation of women in grassroots level planning, implementation, monitoring and evaluation of development programs and projects; Recommend, initiate and include appropriate gender-sensitive lessons and/or courses in curricula in all academic levels; Provide gender-responsive relief, rehabilitation and self-enhancement programs with special focus on women's and children's needs; Involve men in family planning programs, health, child care and nutrition concerns and engage them in projects that would enhance the well-being of the family; Set-up and maintain crisis intervention centers and shelters in coordination with the appropriate organizations in the CITY GOVERNMENT OF PAGADIAN for survivors of social conflicts and violence against women and children; Promote and ensure gender sensitivity in local media, advertising agencies and other information outlets; Increase the membership of women in decision and policy-making bodies in the locality through the implementation of capability-building programs; and Establish, monitor and sustain the necessary mechanisms to enable and empower tribal and women in grassroots level to participate in the development programs and gain access to non-traditional sources of livelihood, credit financing, skills training and labor-saving technologies. D. To attain the foregoing city policy. 1. All City Government departments, offices and instrumentalities shall ensure that women and girls benefit equally, and participate equally and directly in the development programs and projects of said departments and agencies, specifically those funded under official foreign development assistance, to ensure the full participation and involvement of women in the development process, pursuant to R.A. 7192 or the women in Development and National Building Act. 2. All City Government project proposals shall ascertain the inclusion of gender responsive indicators and guidelines while not being remiss in location the root of women's oppression, pursuant to United Nations Declarations and Convention of Women of which the Philippine Government is a signatory. 3. All City departments, offices and instrumentalities, upon effectivity of this code, shall review and revise all their regulations, circulars, issuances and procedures to remove gender bias therein, and shall complete the same within two (2) years. E. Non-discrimination of Any Person on the Basis of His/Her Sexual Preference or Orientation. It shall be regarded as violation of human rights to discriminate against any person on the basis of his/her sexual preference or orientation for employment, participation in city development programs and projects, and/or other family or community activities. Every person's right to his/her sexual preference shall be respected and protected. ARTICLE II DEFINITION OF TERMS Section 4. Basic Terms and Phrases defined. The following terms and/or phrases used in this GENDER CODE shall mean as follows: Commodification of women. A practice which puts women in a subordinate situation which results in the treatment of women as both consumers and objects. As consumers, women are enticed to buy beauty products to enhance their physical attractiveness. As objects of consumption, women are reduced to a sexual commodity for manipulation and utilization for one's sexual desire or interest, usually in exchange of money or goods so that women have no control or power to reject such utilization or manipulation. Discrimination against women. Any distinction, exclusion or restriction made on the basis of sex has purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise by women of their rights irrespective of their marital status. Domestic violence. Any form of abuse or battering which a person inflicts on a member of his/her immediate family or his/her relatives. Family members. Persons intimately related to one another such as spouses, live-in partners and other similar relations, whether living together or not, or between persons with a common child. Family members may also include relatives by consanguinity or affinity up to the fifth civil degree, including stepparents and stepchildren. Gender. A socially constructed difference between men and women for all sexual orientation and gender identities, created artificially, partly through socialization and partly through positive and negative discrimination in the various institutions and structures of society. Gender and development. Shall refer to the perspective, which recognizes the equal contribution of women and men to all aspects of well-being and development. Such a perspective involves the process of searching for new and innovative initiatives, which would help transform unequal gender relations into opportunities beneficial to both men and women. Gender equality. The ideal sought by women and men who are aware of social realities. Gender mainstreaming. A strategy of integrating, including and addressing gender and development concerns and issues at all levels of governance. Gender perspective. A way of viewing issues, problems and conditions 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. Gender-sensitive. Means having an understanding of the marginalized position of women vis-a-vis men. Gender sensitization. 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. Indigenous peoples. Peoples or groups of people who have continually lived in organized communities or are communally bound in a defined territory, and who have claims of land ownership since time immemorial, occupied, possessed and utilized such territories sharing common bonds of language, customs, traditions and other distinctive cultural traits. They are regarded as indigenous on account of their descent from the populations which inhabited the area at the time of conquest of colonization and who retain their customs, traditions and other observances. Pornography. Written graphic or other forms of communication intended to excite lascivious feelings. (The Grolier International Dictionary, Vol. 2) Reproductive health. Defined by the International Conference on Population and Development and the World Health Organization affirmed by the Beijing Conference, is a state of complete physical, mental and social well-being. It is not merely the absence of disease and infirmity in all matters relating to the reproductive system and to its function and process. It consists to ten (10) elements, namely: Maternal and Child Health and Nutrition Family Planning Prevention and Treatment of Reproductive Tract Infections (RTIs) including STDs, HIV and AIDS. Prevention and Management of Abortion Complication Education and Counseling on Sexuality and Sexual Health Breast and Reproductive Tract Cancers and other Gynecological Conditions Prevention and Treatment of Infertility and Sexual Disorders Men's Reproductive Health Violence Against Women O. Sexuality. One's expression of personhood on the basis of self-appreciation (body, mind and feeling) and satisfaction of needs. It is also considered as the physical expression of intimate relationship with others through the various life stages. P. Women as sex objects. Sometimes women become things or properties which may be manipulated, utilized or used for man's sexual gratification or for the advancement of his selfish interest, usually in exchange for money or goods women have no control or power to reject such utilization or manipulation. CHAPTER II DEVELOPMENT CONCERNS ARTICLE III GENDER AND DEVELOPMENT PROGRAMS Section 5. Gender-Sensitivity Orientation and Training. All schools, offices, business, industrial and technological establishments or companies, departments and agencies within the City of Pagadian shall be provided with gender sensitivity orientation and training. They shall be required to equip themselves with theoretical and practical knowledge on gender issues and concerns. Section 6. Support for Gender Studies. The City Government shall allot funds to gender-related documentation, researchers and information dissemination that shall form part of the City database program development. Section 7. Popularization of Gender-Fair Reading Materials. There shall be an active promotion and publication of gender-fair materials in popular forms in Pagadian City. Section 8. Integrated Gender-Sensitive and Environment-Friendly Zoning Plan. An integral gender-sensitive and environment-friendly zoning plan of Pagadian City shall be established taking into consideration, among others, the following: a. That relocation of communities shall not deprive anyone of sources and/or means of livelihood; b. That relocation sites shall not contribute to an increase in anyone's burden in economic, home and social productivity; c. That housing and industrial project sites shall be established only on land not intended for and not suitable for agricultural purposes. Section 9. Community-based Environment Plans and Programs. Both men and women shall participate in pollution control, zero-waste technology development and management, preservation/protection/enhancement of forests, marine and aquatic resources and indigenous reforestation giving due respect to indigenous people and their rights to self-determination. Section 10. Gender-Sensitive Natural Resource-based Management Programs. The City Government shall engage in the development and promotion of gender-sensitive natural resource-based management programs. Section 11. Role of Women in Environment Impact Technology. The City Government shall ensure the active participation of women in environmental impact assessment projects. Section 12. Promotion of Alternative Technologies. The City Government shall utilize alternative technology that is appropriate and safe for everybody's well-being. Section 13. Sufficient Budget for Basic Social Services. The allocation of funds from any and all available sources to underwrite basic social services for all women and men extremely difficult circumstances shall be given priority. Section 14. Investment and Loans. The City Government, through the appropriate government agency/ies, shall conduct consultative assemblies of all POs, GOs and NGOs to establish contracts so that loans and investments may be made accessible to women in the city and barangay levels. Section 15. Support for Overseas Contract Workers (OCWS). The City Government shall conduct a survey of overseas contract workers, especially those who have become survivors of abuses. The result of this survey shall serve as basis of identifying special support to be made available to all OCWs. The appropriate agency shall make the list of legitimate placement agencies for monitoring purposes. Section 16. Special Course on Overseas Empowerment. In coordination with the Department of Labor and Employment, special courses on overseas employment primarily to orient all on the issues and concerns relative to migration shall be systematically introduced to all especially at the barangay level. Section 17. Education on National Policies. Women and men shall undertake education on national policies and their implementations on women and family. Section 18. Special Training for Members of the Lupong Tagapamayapa. A special training along gender questions and related matters for members of the Lupong Tagapamayapa shall be conducted. Section 19. Training on Non-Traditional Occupations. Women shall be given opportunities to acquire training in non-traditional means of livelihood including those related to science and technologies. Section 20. Psychosocial Program. The local government of Pagadian shall institute a psychosocial programs as an intervention using a system approach to conditions of men and women as it views differentiated needs in a social context. ARTICLE IV WOMEN AND CHILDREN SUPPORT SYSTEM Section 21. Day Care Centers. The Local Government of Pagadian City shall ensure that at least a Day Care Center is set up in every barangay to free women from other activities such as taking a job or going back to school without prejudice to the Pagadian City Comprehensive Children's Welfare Code. Section 22. Parental Authority. The father and mother shall jointly exercise parental authority over the persons of their common children. In case of disagreement, the couple shall consult their spiritual adviser/family counsel or shall bring the matter before the Lupong Tagapamayapa for conciliation. ARTICLE V SUPPORT SERVICES FOR WOMEN VICTIMS/SURVIVORS OF VIOLENCE Section 23. Support for women and children victims/survivors of violence. The City of Pagadian shall provide necessary support to women-victims/survivors of violence. Such women shall be registered with the GAD Council so they could avail themselves of its support and services. The comprehensive support to women victims or survivors of violence shall consist of, but not limited to the following: Immediate conduct of an investigation within 12, 18 and 36 hours as the case may be. Provision of counseling and medical services for the offended party; Gathering of evidence for the arrest and prosecution of the offenders; The investigating authority shall report the result of the 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. The investigation Officer or the examining physician who shall preferably be of the same sex as the offended party shall ensure that only persons expressly authorized but the latter are allowed inside the room where the investigation or medical or physical examination is being conducted. Women and children victims/survivors of all forms of violence shall be registered in a community-based psychological program that shall assist in holistically rebuilding and empowering them. All investigation or hearings involving rape cases and other forms of violence against women conducted in the police stations, prosecutor's office and the trial courts shall recognized the survivor's social group as expressly allowed or requested by the offended party; and A temporary shelter with appropriate support services for women in crises shall be appropriately constructed under the management and supervision of the City Social Welfare and Development Office. Section 24. Survivors Support Group. The City government shall encourage the organization of women-victims/survivors' group to which women victims/survivors of violence may voluntarily seek professional help. Section 25. Support Services for Women in the Entertainment Industry. The Local Government of Pagadian City shall provide socio-economic support services for women in the entertainment industry in its desire to concretely respond to their practical needs. It shall also afford them with free medical routine check up and medicines if needed. The entertainment industry includes establishment identified as places of amusements as defined in the Pagadian City Revenue Code and other laws and ordinances. Section 26. Pagadian City Monitoring Board. A Pagadian City Monitoring Board for violence in Media shall be created for print, broadcast, and other forms of media and media outlets to include movie houses, video shops, electronic communications, cable television, books and other forms of audio-visual channels or instruments, to monitor and initiate filing of appropriate charges against the initiators of activities and authors, editors, and disseminators of materials that degrade women. Section 27. Women's Desk. The Pagadian City Government shall establish and maintain women's desk preferably handled by Women Officers duly trained by GAD authorities. The safety and privacy of clients shall be guaranteed. Section 28. Family Disputes and Violence Committee. Each barangay in the City shall create a Family Disputes and Violence Committee to handle cases of family disputes and domestic's violence. This committee shall be under the Lupong Tagapamayapa. Section 29. Creation of Medico-Legal Desk for Women at the City Health Office. There shall be Medico-Legal Desk for Women at the City Health Office in coordination with the City Social Development Office to cater to specific women problems and concerns. Section 30. Creation of a Multi-Disciplinary and Multi-Sectoral Coordinating Committee on Family Violence. The Local Government of Pagadian City shall create a Multi-Sectoral Coordinating Council on Family Violence through the Gender and Development Council in coordination with existing women NGOs engaged in programs against family violence. The said Council shall design protocol and mechanism for identification, assessment and interventions on family violence. Section 31. Inter-Agency Council against Trafficking. The local government of Pagadian City shall establish an inter-agency council against trafficking. This Council shall exercise the following powers and functions: Formulate a comprehensive program to suppress the trafficking of women children; Conduct massive information campaigns; Undertake guidance and counseling to women going abroad as fiancees; Make representation to schools, colleges and universities for their inclusions of migration and its implication to women in all level of the curricula; Refer traffic victims to appropriate agencies; Formulate a program for returning victims in cooperation with local offices such as the Department of Labor and Employment (DOLE), Technical Education Skills Development Authority (TESDA) and other government agencies involved in training and livelihood development; Secure assistance from any of the local government units, departments and/or bureaus of the national government; and Exercise such other powers and functions necessary to attain its purpose and objectives. Section 32. Court Hearing of Rape cases, Incest and other forms of Violence against Women. All investigation hearings involving rape cases and other forms of violence against women conducted in police stations, prosecutor's office and trial courts shall recognize and allow the victims support group to be present in the courtroom as observers to ensure moral support for victims while seeing to the preservation of their privacy. Section 33. Crisis Intervention Center. Crisis Intervention Center shall be established in a strategic area to serve as temporary shelter with appropriate support services for women in crisis situation and their children under the management and supervision of the GAD Council created pursuant to this Code. ARTICLE VI WOMEN WITH SPECIAL NEEDS Section 34. Special Education for Women with Disabilities. Efforts shall be exerted to mainstream women with disabilities (WWDs) in schools, offices and the like. Section 35. Advocacy for the Rights of Women with Disabilities. The GAD Council shall conduct active advocacy for the rights of women with disabilities. Section 36. Creative Employment Opportunities for Women with Disabilities. The Local Government of Pagadian City shall develop creative employment opportunities for women with disabilities recognizing their differentiated conditions and full potentials as human persons. Section 37. Reporting Cases of Harassment Committed Against Women/Girls with Disabilities. The Local Government of Pagadian City through the Social Welfare and Development Office in coordination with its GAD Council shall require all barangays to monitor/report cases of harassment committed against women/girls with disabilities. Section 38. Organization of Women and Men with Disabilities. Each barangay shall create a committee on women with Disability within the Barangay Development Council in order to advance the interests of this special group. Section 39. Organization of the Elderly Women and Men. Each barangay shall create a committee for the elderly women and men within the Barangay Development Council in order to advance the interests of this special group. Section 40. Support Funds for Elderly Women. Funds shall be allocated for livelihood assistance, routine physical check-up. Social group work programs and other appropriate socio-economic and recreational activities for elderly women. Section 41. Support for Women in Detention. The rights of women detainees shall be protected. All concerned shall ensure special trial of their cases. An appropriate program shall be designed to respond to their specific needs and problems as detainees. Separate structures and space for detention and rehabilitation shall be established. Section 42. Single Mothers. Who seek counseling and other services shall be given the response appropriate to their needs. Section 43. Respect for Women's Sexual Preference. A woman's right to sexual preference shall be respected and protected. ARTICLE VII POLITICAL AND PUBLIC SPHERE PARTICIPATION IN WOMEN Section 44. Marking significant days for Women's Action. March 8 as International Women's Day shall be declared as a special day for all women in Pagadian City through an Executive Order. There shall be coordinated city and barangay level activities for women to be highlighted with the State of the Women's Address by the City Mayor reporting all accomplishments and initiatives to promote the status of women in Pagadian City. A committee for this activity should be convened and spearheaded by the City GAD Council. A half-day leave with pay may be availed of by any woman employee on March 8. In recognition of women's contributions to society, commercial establishments shall be encouraged to give a twenty percent (20%) discount for women on March 8. Implementation guidelines shall be provided in this Code's Implementing Rules and Regulations. Section 45. Women's Participation and Representation in the Barangay and City Development Council. Both the City and Barangay shall ensure the one-third (1/3) of its members if possible is composed of women in recognition of their considerable leadership and involvement in various development efforts and initiatives. These women shall come from accredited organizations with considerable accomplishments and programs geared towards people centered genuine development. Both the City and Barangay Development Council shall undergo capability building for gender-responsive development planning to ensure that all plans, programs and projects are gender-responsive. Section 46. Gender and Development Summit. The GAD Council in coordination with the Women Non-Government Organizations (WNGOS) and Government Organizations (GOs) shall convene a Women Summit on the first week of March once every three (3) years effective upon approval of this Code. Section 47. Barangay Gender and Development Committee. All barangays shall establish their respective Barangay Gender and Development Committee that shall ensure that gender issues and concerns are incorporated and addressed at the barangay level and reflected in barangay development plans. All accredited women's organizations with mass membership at the community level shall be represented in the committee as a cluster. Details of the Committee operations shall be provided in the Implementing Rules and Regulations of this Code. This committee shall ascertain that the Barangay Council shall appropriate at least five percent GAD budget as institutionalized and mandated by law. Section 48. Representation of Women in Local Special Bodies. The GAD Council shall ensure that women are duly represented in the City Development Council and all local special bodies up to the barangay levels to strengthen government recognition of women's potentials in the formulation and planning of local development programs. Section 49. Support for Working Mothers. Working mothers shall receive assistance through the establishment of childcare centers. Section 50. Women in Law Enforcement Positions. All qualified women shall be given the opportunity to assume key law enforcement positions in Pagadian City. ARTICLE VIII VIOLENCE AGAINST WOMEN Section 51. Violence Against Women. Is any act of gender-based violence that results in, or is likely to result in physical, sexual or psychological harm, discrimination against and/or suffering women, including threats of such act, coercion or arbitrary deprivation of liberty, whether occurring in public or private life as defined in the UN Declaration on the Elimination of Violence Against Women. Violence against women includes, but is not limited to: Physical, sexual and psychological violence occurring in the family and other close relationships, including battering, sexual abuse of female children in the household and dowry-related violence associated to exploitation, marital rape, female genital mutilation and other traditional practices harmful to women, non-spousal violence and violence-related exploitation. Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institution and elsewhere, trafficking in women and forced prostitution. Physical, sexual and psychological violence and discrimination perpetuated or condoned by the state where it occurs. Violence of the human rights of women in situations of armed conflict and in particular, murder, statutory rape, physical and psychological torture, systematic rape, sexual slavery and forced pregnancy. Forced sterilization and forced abortion, social stigmatization, coercive/forced use of contraceptives, prenatal sex selection, engaging in pre-marital sex and female infanticide forced medical or psychological examinations. To buy and/or sell a women or any of her body parts for profit. Sexual harassment and assault of women in detention. Feminization of poverty which is regarded as a condition when the gap between the rich and the poor widens and women in grassroots level bear its brunt because of economic instability, which is the result of unequal distribution of wealth. Such a gap reinforces non-response to both practical and strategic needs of women in grassroots level. Section 52. Sexual Abuse Defined. Sexual abuse includes, but not limited to, the following: a. When a man inserts or attempts to inserts his penis into the mouth, genital or anus of a women under any of the following: Through force or intimidation; by means of abuse of authority or relationship; when the offended party is deprived of reason or is otherwise unconscious; or when the offended party is below twelve (12) years old, even none of the above circumstances is present. b. When a person inserts parts of his or her body other than the sexual organs or c. Who introduces any object or instrument into the genital or anus of a woman under any situations stated in subsection (a) of this section; under any of the circumstances stated above or through any abnormal, unusual or ignominious sexual act; d. When a person subjects another to have sexual intercourse with an animal under any of the circumstances stated in subsection (a) above through any abnormal, unusual or ignominious sexual act. e. Any intentional contact however slight of one's penis to the genital, mouth, breast or anus of a women or intentional contact thereof, however slight, to any part of her body other than her sexual organ or the use of any instrument or object which intentionally touches the genital, breast or anus of a woman; f. Sexual abuse in intimate relationships consisting of any form of force as defined in the Anti-Rape Law of 2001, such as those between women relations, married or unmarried, legally separated or separated in fact; and g. Incestuous abuse committed by any person who has authority over a person by virtue of consanguinity or affinity such as those perpetrated by father, mother, grandparent, brother, sister, whether whole or half blood, an uncle, aunt, nephew or niece, or cousin to the fourth civil degree. Section 53. Partner/Wife Abuse and Battering Defined. Battering is any single sporadic or series acts of violence which shall include the repeated and habitual cyclic pattern as means of intimidation and imposition of the batterer's will and control over the victim's life. (Marsali Hamsen and Michael Harway, 1993.) It constitutes the following behavior but it not limited to: Physical abuse and battering. This includes physical, any form of inflicting wound, pain, etc. on any part of the woman's body or the threat of physical violence. Sexual abuse and assault. This includes physical attacks on the women's breast and genitals. It may come in the form of forced sexual activity accompanied by either physical violence or threats of physical violence. Psychological battering. This includes threats of suicide, violence against woman or her family, punching, breaking or defacing or otherwise destroying the house or any part thereof, of the personal belongings of a woman, threatening deportation of wives of foreign citizenships, threatening to kidnap children/take them to foreign country and forcing the victim to do degrading things. It may also include controlling the victim's lawful or usual activities, the use of foul words or statements and threats of abandonment and expulsion (forcing the wives to leave the conjugal dwelling). It may also include premeditated and intentional destruction of property and pets, usually law relations but does not include adulterous ones as contemplated in Revised Penal Code. Economic Battering. This includes deprivation of women of economic resources, their degeneration and mobilization so as to create dependency and submissiveness to men and any established structures of domination. Section 54. Trafficking in Women Defined. Trafficking in women is the covert and overt recruitment of women onto sex industry. It includes new forms of sexual exploitation, such as sex tourism, the recruitment of laborer for sexual purposes in the guise of hiring them as domestics in developed countries and organized marriages between women from third world countries and foreign male nationals, promoting or initiating a system in which women become movable properties and objects of exchange. Trafficking in women maybe committed through any, although not limited to, of the following: a. For any persons, association, cult religion, organization, or similar entities to commit the following act: Establish or carry on a business for the purpose of matching women for marriage to foreigners, either on a mail-order basis or through personal introduction or cyberspace. Advertise, publish, print or distribute, or cause the advertisement, publication, printing or distribution of any brochure, flyer or propaganda material circulated to promote the above-mentioned prohibited acts for profit or advantage. Solicit, enlist, attack or induce any woman to join any club, association/organization whose objective is to match women for marriage to foreigners either on a mail-order basis or through personal introduction or cyberspace or any form which facilitate the act of solicitation; or above mentioned acts. b. To buy or sell a woman or any of her body parts for profit or to use her body by any pretext to be used for experiments, research or the like, without her consent; c. To act as a procurer of a sex worker; and d. To threaten/use violence and force a woman to become a mail-order bride. Section 55. Mail-Order Bride Defined. Mail Order Bride is a practice where a woman establishes a personal relation with male-foreign national via mail, electronic or similar means, upon recruitment by an individual or agency for the purpose of exploiting women in the guise of marriage. Section 56. Sexual Harassment Defined. Sexual Harassment is a form of misconduct involving a series of unwelcome sexual advances, request for sexual favors, or other verbal or physical behavior of a sexual nature, which may be implied or made directly or indirectly. Sexual harassment shall be unlawful in the employment, education or training environment as prescribed in R.A. No. 7877. Section 57. Other Forms of Sexual Harassment. Other than the definition provided by R.A. No. 7877, the following acts constitute sexual harassment. Persistent telling of offensive joke such as green jokes or other analogous statements to someone who finds them offensive or humiliating; Taunting a person with constant talk about sex and sexual innuendoes; Displaying offensive or lewd pictures and publications in the workplace; Interrogating someone about sexual activities or private life during interviews for employment, scholarship grant or any lawful activity applied for; Making offensive hand or body gestures at someone; Repeatedly asking for dates despite verbal rejections; Staring or leering maliciously; Touching, pinching or brushing up against someone's body unnecessarily or deliberately; Kissing and embracing someone against her will; Requesting sexual favors in exchange for a good grade, obtaining a good job or promotion, etc.; Cursing, whistling/calling a woman in public with words having dirty connotations or implications which tend to ridicule, humiliate or embarrass the woman such as "puta," "burikat" "peste," "hubag," "gerger" & etc.; Any other unnecessary act during physical examinations; and Requiring women to wear suggestive or provocative attire during interviews for job hiring, promotion, admission and the like. The Revised Penal Code under the Acts of Lasciviousness covers some of the above-mentioned acts: Section 58. Rape. Rape is committed by having carnal knowledge of women under the following circumstances: By using force or intimidation When the woman is deprived of reason or is otherwise unconscious When the woman is under twelve (12) years of age or is demented. (Article 335, Revised Penal Code as amended by Republic Act No. 7659) Section 59. Pedophilia Defined. Pedophilia is a form of sexual perversion where the children are the preferred victims. It shall include but not limited to the following: When the offender shall have sexual intercourse with a girl or boy. When the offender shall have anal intercourse with a boy or girl; When the offender shall have in possession of photographs and videos of the victim. Section 60. Commercial Exploitation of Women/Men and Girls/Boys. It shall be unlawful for any person to sell or market women's and girls' bodies in various forms of packaging. These include but are not limited to the following: Prostitution is the sale, purchase and exchange of men, women and minors for cash, profit/other economic considerations by an individual, including but not limited to the limp, procurer of the service, parents and/or owners of establishments where such transactions to take place such as discotheques, bars, sauna baths, massage clinics, hotels and/or restaurants, and any person who uses antique scheme to exploit women and minors by way of sex. Printing, publication, display and distribution of pornographic scenes on movies/TV shows, trailers, posters, billboards and other material and literature that treat women/men and girls/boys as sex objects and commodities. Pornographic and indecent shows depicting women/men and girls/boys as sexual objects either in nude or provocative gestures; or Live shows whether boy or girl-children are influenced or forced to dance/do naked shows in public or private places for various purposes. ARTICLE IX EDUCATION RIGHTS Section 61. Promotion of Gender-Sensitive Curricula. Schools and other concerned agencies within the City of Pagadian shall promote gender-sensitive career technical courses to widen their career opportunities. Section 62. Adult Education. The City Government shall set up a functional and practical adult education program in all barangay of the City. The GAD Council shall encourage all women in the barangays to participate so that they may become active partners in nation building and in the development process. Section 63. Sex Education. For children in the pre-puberty stage shall be included in the curricular offering of all schools. Section 64. Monitoring and reporting of Stereotyped Portrayal of Roles of Women and Men in Educational Materials. The Gender and Development Council shall coordinate closely with the Pagadian City Association of Colleges and schools and other network of schools in monitoring and reporting stereotyped portrayal of the role of women and men in education materials. ARTICLE X HEALTH RIGHTS Section 65. Budget for Women's Health. A substantial portion of the health budget of the Local Government of Pagadian City shall be allocated for women's health and services. Section 66. Upgrading of Health Care Delivery System. In consonance with the thrusts of the Department of Health, the Primary Health Care Delivery System vis-a-vis women's reproductive health shall be strengthened. Pagadian City shall adopt a reproductive health care approach at all level of health care delivery. Such approach integrates many issues not previously considered central to the population: sexuality, reproductive tract infection, gender power relations and domestic violence. Likewise, it shall not be limited to family planning and child bearing. It shall implement quality health care and services that are not discriminatory on account of gender, age, sex, creed, religion and ethnicity. Section 67. Women's Right Over other Bodies. All private and public health professional shall give support and guidance at very minimal cost to a woman's decision to prevent and spaced pregnancy in accordance with her personal faith and beliefs and with due consideration to existing laws of the land. Section 68. Gender-Sensitive Crisis Intervention Unit. The Crisis Intervention Centers created pursuant to Chapter II, Article V Section 33 of this Code shall have a Gender-Sensitive Crisis Intervention Unit at all levels of health care primary, secondary and tertiary. The Local Government of Pagadian City shall provide service training to all health and other allied personnel who shall be assigned in this unit. Section 69. Gender-Fair Approach to Pre-Marital Counseling Program. Without prejudice to Article II, Section 12, of the Pagadian City Comprehensive Children's Welfare Code, a review and re-designing of the Pre-Marital Counseling Program of the Local Government Unit of Pagadian City shall be jointly undertaken by the GAD Council, City Social Welfare and Development Office, City Health Office, Special Committee on Children's Concerns, City Population Office and other concerned sectors of society. Departments, offices and sectors involved shall adhere to the principle of gender-fair pre-marital counseling service. ARTICLE XI LABOR AND EMPLOYMENT Section 70. Orientation on Sexual Harassment. All local schools, agencies and establishments or companies, government and private, in the City of Pagadian shall conduct or sponsor orientation on gender issues and sexual harassment for their respective personnel. Section 71. Setting-up of Grievance Machineries. A grievance committee shall be set up in all local offices, agencies, establishments and companies to act on complaints related to sexual harassment. For this purpose, a grievance procedure shall be installed in every agency, office and/or establishment. Section 72. Gender-Sensitive Physical Plant. All offices, agencies and establishments, public or private, shall adopt a physical plan appropriate for a gender-sensitive environment which shall help prevent sexual harassment, sexual abuse and other forms of maltreatment in the workplace. Section 73. Tax Incentives for Business Entities. The Local Government of Pagadian City shall provide the following tax incentives to business entities. Any amount used for the establishment, maintenance and operation of the child day care support system shall be tax-deductible; Annual tax credit per child regularly served for at least one (1) year in the center; Annual tax credit per woman extended with maternity leave benefits for breastfeeding. Section 74. Monitoring System for Labor Standards. A mechanism shall be installed in the office of the SP Committee on Women to monitor and take action against all offices, agencies and establishments or companies violating the Labor Code, the provisions of this Code and existing labor laws. ARTICLE XII SOCIO-ECONOMIC BENEFITS Section 75. Capital Assistance for Women. All City departments and offices and all its barangays engaged in socio-economic programs shall increase their capital assistance and/or subsidy to women especially for land-based projects using the community bank approach. Section 76. Access to Safe Water. All barangays in Pagadian City shall provide easy access to safe water supply. Appropriate systems shall be installed to ease women's workload. ARTICLE XIII CULTURAL IDENTITY AND MASS MEDIA Section 77. Indigenous and Moro Women of Pagadian City. The Local Government of Pagadian City shall actively incorporate in all programs and projects the preservation of the cultural identity of the indigenous and moro women. Section 78. Culturally-Appropriate Schools. There shall be accessible and culturally appropriate schools for indigenous and moro people in Pagadian City. Section 79. Identification of Indigenous and Moro People Areas. A survey of indigenous and moro people areas in Pagadian City shall be undertaken within two (2) years from the effectivity of this code. Section 80. Integrated Development Program for Indigenous and Moro Women. The Local Government of Pagadian City shall develop a program that shall facilitate empowerment of the indigenous and Moro women of the City. Active support for the preservation of the indigenous women's knowledge of the environment shall be incorporated in the program. Section 81. Gender-Sensitive Portrayals in Media. The City Government shall oblige all media institutions to be sensitive in the portrayal of women's and men's role, encourage positive images of women, and discourage sexist and homophobic print materials and broadcast programs. Section 82. Gender-Sensitivity Training for Local Media Practitioners. The City Government shall encourage and support the conduct of gender sensitivity workshop trainings for local media practitioners at the community level and tertiary schools located in the City. It shall likewise provide full support to media practitioners and freelance/independent media productions that advocate gender-sensitive issues through various forms of incentives and recognitions. Section 83. Regulation of Internet Cafes and Computer Shops. The City Government shall regulate the operation of internet service-providing establishment and entertainment computer shops in order to curb and prevent the proliferation of access to cyber sex pornography of minors. Section 84. Regulation of Media Coverage During Police Raids on Entertainment Establishments. The City Government shall regulate the media coverage of entertainment establishments raid operations for the prevention of exploitation of women and men entertainers and their unnecessary body public exposure and humiliation. ARTICLE XIV RURAL WOMEN RIGHTS Section 85. Promotion of Land-based projects. The City Government of Pagadian shall promote and support land-based projects ensuring food security for rural women utilizing science, women friendly, and appropriate technology to promote the spirit of collectivism. Section 86. Access to Science and Women-Friendly Alternative Technology Education. The City Agriculturist's Office, in cooperation with the Department of Science and Technology and other related in-line agencies, shall establish a science and women-friendly alternative technology center for women in rural barangays. ARTICLE XV SOCIO-ECONOMIC RIGHTS Section 87. Gender-responsive and Comprehensive Livelihood Program. The City Government shall allocate funds for socio-economic programs for poor women and men that include gender-responsive livelihood skills and values training seminars. The Comprehensive Livelihood Program shall include feasibility study, financing, monitoring, sustainable paying scheme and incentives. Section 88. Social Lending Program. The City Government shall establish a social lending program to cater to low-income families with interest rates similar to those availed by members of the cooperatives. Section 89. Access to Investment and Loan Program. Loans shall be extended to women engaged in small to medium scale enterprises as well as to displaced industrial workers under the principle of self-reliance and hard work. Section 90. Low-cost Basic Services. The City Government shall facilitate access of women and men to quality low-cost housing, safe water, electricity, communication, transportation and basic commodities. Section 91. Monitoring of Standardization of Prices of Basic Commodities. The City government shall ensure fair marketing practices and standard pricing of basic commodities through regular price monitoring in local markets. Section 92. Economic Empowerment for Poor Women. Feminization of poverty which is regarded as a condition when the gap between the rich and the poor widens and women in grassroots level bear the brunt as in economic leading to instability and unequal distribution of wealth. Such gap reinforces non-response top both practical and strategic interests of women. The City Government shall ensure poor women of strategic and transformative mechanisms whereby they could uplift their economic and social relations. ARTICLE XVI SPECIAL SECTORAL CONCERNS Section 93. Differently-abled Persons Defined. Those who experienced one or a combination of physical impairment with distinct needs and potentials. Section 94. Advocacy on Differently-abled Persons Rights and Support Mechanisms for Education and Employment. The City Government shall initiate active advocacy on the rights of differently-abled women; establish special education schools/classes for them through the Division of City Schools which shall offer appropriate curriculum for their specific needs; and develop creative employment opportunities for them in recognition of their differentiated conditions and full potentials as human persons. The City Government through the City Engineer's Office, shall ensure that all educational and commercial buildings are provided with ramps and toilet facilities for differently-abled persons. The City Government shall implement R.A. 7277 of the Magna Carta for Disabled Persons that reserves five percent (5%) of contractual or emergency positions for persons with disabilities. Section 95. Organization of Differently-able Persons in the Community. Shall be the duty of the Barangay GAD Committee to organize differently-abled person in the community in order to advance the interests of this special group of person to monitor and report cases of harassment and discrimination committed against differently-abled person. Section 96. Mobilizing Support for Elderly Women in the Community. It shall be the duty of the Barangay GAD Committee to organize elderly citizens within the barangay to advance their practical and strategic interests and needs. The City Government and the barangay GAD Committee shall allocate funds for emergency assistance, yearly physical health check-ups, social group work program and appropriate socio-economic activities. Section 97. Support to Women in Detention. The rights of all women detainees shall be protected by ensuring them of (a) a speedy trial of their respective cases; (b) an appropriate program to respond to their specific needs and problems as detainess; (c) a separate physical structure and space provisions for detention and rehabilitation; and (d) a provision of legal services. ARTICLE XVII WOMEN AND CHILDREN SUPPORT SYSTEM Section 98. The City Government shall implement systems and programs that are anchored on the United Nation Convention on the Rights of the Child (UN CRC) which stipulates the promotion and protection of children's rights to survival, development and protection in national and local laws which now include the New Family Code and the Child Youth Welfare Code. Section 99. Gender-responsive and Child-friendly Child Minding Center in Every Barangay. The City Government shall ensure that child-friendly and gender-responsive child daycare/minding centers are set-up in every barangay to provide parents support facilities for the care of their children when they go to work or school. The center shall ensure that basic early child education curriculum in the center promote gender-fair socialization; encourage both fathers and mothers to participate in the development, care and nurturing of their children; and boys and girls in the center are able to learn to respect the right of all children to the full enjoyment of their childhood and their rights. Section 100. Shared Parenting and Responsibilities. The City Government shall advocate that all fathers and mothers have both the moral obligation and responsibility in assuring the rights and well-being of their children, such as caring and nurturing, regardless of sex, and physiological conditions. Section 101. Gender and Development Defined. Gender and Development is a conscious efforts at improving the quality of lives of women and men of all sexual orientations and identities based on sustained, equitable growth and balanced ecology. It sees society as gender system in all its aspects-economic, political and social. It views oppression in both private and public spheres recognizing women as agents of change through the reorientation of the male-centered culture. Section 102. Gender Sensitivity and Training, Gender Sensitization Defined. This is a 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. All schools, offices, establishments or companies, departments and agencies and barangays of the City shall be provided with gender-sensitivity orientation and training which shall equip them with theoretical and practical knowledge on gender issues and concerns. Likewise, all establishments, schools, colleges and universities shall develop assessment tools for gender biases. Section 103. Active Support to Gender Studies. A sufficient amount shall be allotted to gender-related documentation and researches which shall form part of Pagadian City's database program development. Section 104. Production, Popularization and Campaign of Gender-Fair Materials. The City Government shall actively promote, and publish popular forms of gender-fair materials through all concerned departments and local agencies/networks. Section 105. Gender and Development Focal Point. The Gender and Development Council which is created under this GAD Code, shall be designated as the main GAD to initiate GAD programs, projects and activities for the City's constituents through the various City departments and instrumentalities. It shall work in close coordination with the Gender Development Resources and Coordinating Office, the GAD Focal Points formed in every department/office and the Barangay GAD Focal Points created in each barangay. Section 106. Integrated Gender-Sensitive and Environment-Friendly Zonification Plan of Pagadian City. An integrated gender-sensitive and environment-friendly zonification plan of Pagadian City shall constitute, but is not limited to, the following: The City Government as far as practicable shall ensure that relocation of communities shall not deprive women and men of their sources to livelihood; Relocation sites shall not contribute to an increase in women's burden in economic, home and social production; Housing and industrial project sites shall be those unproductive lands unsuitable for economic purposes; Industrial center for light industry shall be placed in key districts of Pagadian City while the heavy industry shall be centralized in one district. Section 107. Community-based Environment Plans and Programs. Both men and women shall participate in pollution control, zero-waste technology development and management preservation of the city's remaining tree parks and aquatic resources. Section 108. Gender-sensitive Natural Resource-based Management Programs. The City government shall engage itself in the development of gender-sensitive natural resource-based management programs. Section 109. Role of Women and Men in Environment Impact Assessment Projects. The City Government shall promote the active role of women vis-a-vis men in environment impact assessment shall consciously determined sex disaggregated data. Section 110. Promotion of Appropriate Technology. The City Government of Pagadian shall actively promote alternative technologies that are appropriate and safe for women and men. Section 111. Sufficient Budget for basic Social Services. A sufficient amount shall be allocated from all sources of funds for the basic social services for women and children in extremely difficult circumstances. Section 112. Investment and Loans. The City Government shall hold consultative assemblies with women NGOs/POs in establishing contracts for loans and investments to clarify implications on women's welfare and development at the barangay level. Section 113. Overseas Contract Workers' (OCW) Spouses and Children Support. The City Government shall survey overseas contract workers at the barangay level, out of which shall serve as basis for special support to OCW families, especially spouses and children. Section 114. Special Course on OCW. A special course on overseas contract workers primarily to orient women on the issues and concerns relative to migration shall be conducted in all barangays to be organized by their respective barangay GAD Committee. Section 115. Education on National Policies. Women and men shall undertake education on national policies and their implications on women. Section 116. Special Training for Lupong Tagapamayapa. All training courses for Barangay Lupong Tagapamayapa and Barangay Security and Development Officers (BSDOs) shall include gender and development basic orientation. Section 117. Gender and Population. The City Health Department shall review and redesign the population management program based on the reproductive basic orientation. Section 118. Training on Nontraditional Occupation. Women shall be given opportunity to acquire training on nontraditional occupation especially in the field of science and technology. CHAPTER III-PENAL PROVISIONS ARTICLE XIX VIOLENCE AGAINST WOMEN AND CHILDREN Soliciting Women's Services Section 119. Soliciting Women's Services. It is unlawful for a person to solicit a woman's service for sexual purposes as gift, representation, public relations, or as an act of goodwill regardless of whether the solicitor profits or not from such act without prejudice to the provisions of the Revised Penal Code. Any witness may file complaint together with the affected woman to the proper court. Penalty for such is a fine of Five Thousand (P5,000.00) Pesos or imprisonment of one year, both at the discretion of the court. Sexual Abuse Section 120. Sexual Abuse. It is unlawful for any person to commit any act that may be considered sexual abuse as defined under our laws and as stipulated in Chapter II, Article VIII, Section 52 of this Code. Any person found to have committed any such act shall be penalized in accordance with the pertinent laws. Partner/Wife Abuse and Battering Section 121. Partner/Wife Abuse and Battering. Any person found to have committed any act of battering against his/her partner shall be liable of the penalty as provided by our existing laws. Sexual Harassment and Other Related Issues Section 122. Sexual Harassment. Shall be unlawful in the employment; education or training environment as prescribed in R.A. 7877, otherwise known as the Anti-Sexual Harassment Act of 1995 related complaints shall be filed with the proper Court in accordance with the provisions of this Code. Any agency, corporation, company, employer or person found committing acts of sexual harassment shall be subject to a fine of Five Thousand (P5,000.00) Pesos or an imprisonment of one (1) year. The administrator or manager of the firm shall be the one to suffer the penalty of imprisonment. In the case of a government official found committing acts of sexual harassment, he shall, in addition to the penalty provided in this Code, be subject to administrative sanctions as provided by the Civil Service Law or other pertinent laws. Sex Trafficking Section 123. Sex Trafficking. It is unlawful for any person, association, cult, religion, organization and instrumentalities to engage in sex trafficking. Penalties for the commission of these acts shall be dependent on the pertinent laws and prevailing regulations. Section 124. Other Forms of Trafficking in Women. Any person or agency who encourages, influences lures or recruits a woman to work abroad or in other provinces or cities in the Philippines for a particular job on a promise of big salaries or wages, but instead, forces, deceives and or encourages her to engage in prostitution, domestic services or other odd jobs shall be penalized by an imprisonment of one year or a fine of Five Thousand (P5,000.00) Pesos, or both, at the discretion of the court. Sex Trade Section 125. Sex Trade. Any agency or person who shall engage in keeping women for sex for a fee shall suffer the penalty in accordance with the Revised Penal Code. Sex Tours Section 126. Sex Tours. No hotel, beach resort, sauna bath and related establishments shall be allowed to operate as conduit for sex tours. Cancellation of business permit, a fine of Five Thousand (P5,000.00) Pesos and an imprisonment of one year of the manager shall constitute the penalty for violation. Rape Section 127. Penalty for the Crime of Rape. Republic Act No. 7659 provides that the crime of rape shall be punished by reclusion perpetua. When by reason or on the occasion of the rape, the victim has become insane; When by reason or on the occasion of the rape, a homicide is committed; When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim; When the victim is under the custody of the police or military authority; When rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree consanguinity; When the victim is a religious or a child below seven (7) years old; When the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS); When committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency; and When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation. Section 128. Rape in Intimate Relations. Intimate or marital relations shall not be a legal impediment to any complaint against acts of rape as provided in Section 58 of this Article. Further, marital relationship shall not serve as a legal impediment to the prosecution of rape where; Spouses are legally separated, or There is separation in fact for at least six months. Section 129. Pardon and/or Marriage of the Offended Party with the Offender. The marriage of the offender with the offended party shall extinguish the criminal action or remit the penalty already imposed upon him. The provision of this paragraph shall also be applicable to the co-principals, accomplices and accessories after the fact of the crime of rape. Section 130. Who may file Complaint. Complaint for rape may be filed by any of the following persons: The offended party; His/her parents or legal guardian; His/her grandparents or collateral relatives - next of kin who are not in the direct line of inheritance; The officer or social worker of the CSWD; or a duly licensed child-caring institution, orphanage, home for the aged, mental hospital or other similar institution, under whose care or custody the offended party is committed; and A concerned, responsible resident of the barangay where the crime was committed, but only if any of the persons mentioned above have expressly given their consent. Section 131. - Support from Law Enforcers. The law enforcer, preferably of the same sex or his/her authorized alternates as the offended party, upon receipt of a complaint for rape, shall: Immediately conduct an investigation within 12, 18 & 36 hours as the case maybe; Arrange for counseling and medical services for the offended party; Gather evidence for the arrest and prosecution of the offender; and Make report on him/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. Section 132. - Investigation/Examination of Rape Survivors. It shall be the duty of the investigating officer, or the examining physician, to ensure that only persons expressly authorized by the examining physician and/or the rape survivor are allowed inside the room where the investigation or medical or physical examination is being conducted. The local government unit or police-director must provide room for investigation of such cases. Section 133. - Suspension of Government Official or Employee. The following steps shall be undertaken against a government official or employee charged with rape: The immediate preventive suspension for a period of sixty (60) days may be imposed upon any government official or employee charged with rape. The duty of the supervising officer of respondent public official or employee to facilitate the free, speedy, and objective investigation of the complaint, and to ensure the protection of the complainant. Section 134. - Protective Measures. At any age of the preliminary examination or investigation, prosecution and trial or complaint for rape, the following protective measures shall be observed: The right to a closed-door hearing unless expressly waived by the offended party; The right of a social support group to witness hearing as expressly allowed or requested by the offended party; Non-disclosure of the name and personal circumstances of the offended party, or any information tending to establish his/her identity; Any other party and his/her family from undue and sensationalized publicity. Commercial Exploitation of Women/Men and Girls/Boys Section 135. Commercial Exploitation of Women/Men and Girls/Boys. It shall be unlawful for a person to sell or market a woman's or girl's body in various forms of packaging as provided in our laws and as stipulated, Chapter II, Article VIII, Section 60 of this Code. Any person who is found to have commercially exploited women/men and girls/boys shall be liable to pay a fine of Five Thousand (P5,000.00) Pesos or an imprisonment of one year, or both, at the discretion of the court. Beauty Contest Section 136. "Beauty Contest". Which commodity, abuse, humiliate and treat women/men as sex objects shall strictly be prohibited in schools, communities, barangays and by the City Government in their special celebrations. In their stead, the projection of women's strengths and potentials, especially with regard to indigenous and culturally relevant forms, shall be encouraged. For business organizations- 1.) Cancellation of business permit; 2.) Fine of Five Thousand (P5,000.00) Pesos; others, as prescribed in the implementing rules and regulations of this Code. For representatives of agencies, departments or units of the local government of Pagadian City. 1.) Suspension for one month without pay; 2.) Fine of Five Thousand (P5,000.00) Pesos; 3.) Others, as prescribed in the implementing rules and regulations of this Code. For educational institutions, charity or welfare organizations- 1.) Cancellation of the license to operate; 2.) Fine of Five Thousand (P5,000.00) Pesos; 3.) Others, as prescribed in the implementing rules and regulations of this code. Candidates of the beauty contest who allow themselves to commodify, abuse, humiliate and treat women/men a sex objects shall strictly be prohibited in schools, communities, barangays and by the City Government in their special celebrations. Should be fined the amount of P5,000.00 and to be barred to participate future beauty contest. Mail-Order Bride Section 137. Mail-Order Bride. Any individual or agency found recruiting a woman by establishing relations with a male-foreign national via mail, electronic or similar means for the purpose of exploiting her in the guise of marriage shall be subject to a fine of Five Thousand (P5,000.00) Pesos or imprisonment of One (1) year at the discretion of the court. Fund-Raising Initiatives Section 138. Fund-Raising Initiatives. Any fund raising initiative which includes any activity, whether in whole or in part, integrated in any raffle draw, benefit or disco dance, premier showing or movies, or any similar fund raising undertaking where women are used as door prize, substitute for prizes won, a companion package for an award, prize or recognition, or any manner, activity come-on display, or exhibition which depicts a woman as central, partial, or special focus in order to raise funds shall strictly pay a fine of Five Thousand (P5,000.00) Pesos or an imprisonment of One (1) year or both at the discretion of the court. Women in Armed Conflict Situation Section 139. Women in Armed Conflict Situation. In armed conflict situation where women are involved, the following shall be observed: No woman shall be deprived of basic social services in armed conflict areas; and No woman or girl-child shall be kept by any PNP/Military detachment/checkpoint or any analogous quarter for purposes of comfort. Any violation of this section shall be penalized through the summary dismissal proceedings of the local AFP/PNP and/or at the discretion of the local People's Law Enforcement Board (PLEB) Forced Marriages Section 140. Forced Marriage. No woman shall be forced to marry on the basis of vitiated consent. Any persons or agency representative committing fraudulent or coercive act to cause and effect, a forced marriage shall be liable under this Code to pay a fine of Five Thousand (P5,000.00) Pesos or an imprisonment of One (1) year, or both, at the discretion of the court. Conscious Surveillance of Entertainment Establishments Section 141. Conscious Surveillance of Entertainment Establishments. A regular task force shall be created to conduct conscious surveillance of entertainment establishments exploiting women. Failure of the task force to submit weekly reports shall be subject to an administrative sanction. Pornographic Scene on Movie/TV, Trailer Shows, Posters, Billboards and Other Materials and Similar Literature. Section 142. Prohibition of Printing, Publication, Display and Distribution of Pornographic Scene on Movie/TV, Trailer Shows, Posters, Billboards and Other Materials and Similar Literature. Printing, publication, display and distribution of pornographic scenes in movie/TV, trailers/shows, posters, billboards, literature and other visual materials, which treat women as sex objects and commodities, shall be prohibited. Violations of this provision shall be subject to existing laws. Section 143. Pornographic and Indecent Shows. Any person or agency which engages in shows depicting men and women as sex objects in private or public places or under scandalous circumstances shall be prosecuted under the Revised Penal Code, P.D 969 or other appropriate law. Section 144. Live Shows. It shall be unlawful to influence or force a woman/man to dance or do naked shows in public or private places for commercial entertainment purposes. Penalty for violation of this provision shall be dependent upon existing laws. Section 145. Selling, Renting/Lending Pornographic Materials. It shall be unlawful to sell or lend pornographic materials. Violators shall be subject to existing laws. Domestic Violence Section 146. Domestic Violence. Any person who shall commit any act constituting domestic violence shall be subject to existing laws. In every case of domestic violence as herein defined, any person who, in good faith, intervenes without using violence or restraint greater than necessary to ensure the safety of the victim shall not be liable for any criminal or civil liability resulting therefrom. Pedophilia Section 147. Pedophilia. Pedophilia is a form of sexual perversion by an adult where children are preferred victims for intercourse. It shall include the following acts but shall not be limited to the following: when the offender shall have sexual intercourse with a boy or girl child; when the offender shall have anal intercourse with a boy or girl child; when the offender does other sexual acts such as fondling, kissing the private parts of a girl or boy child or taking photographs/video of the same for pornography; when the offender shall have the possession and/or control pornographic photographs/video of the same; Section 148. Additional Penalties for pedophiles are as follows: Payment of moral damages to the offended girl or boy or her/his parents; If the offender is an alien, deportation after serving his sentence and paying his civil liabilities, shall also be barred from re-entering the Philippines. Section 149. Complaint of Pedophilia. The same person is enumerated under Section 130. Article XIX, Chapter III of this Code, shall file complaint against pedophilic acts. ARTICLE XX WOMEN'S RIGHT TO HEALTH Coordinative Function. The GAD Council shall coordinate with any and all organizations with similar task and appropriations in local, national and international offices, agencies and organizations and their instrumentalities to realize the aims and interest of this Ordinance. Monitoring Function. This function shall ensure that the Implementation of this Code yields realistic, measurable and tangible results in accordance with global standards and direction. The tools and mechanisms the council shall use may include, but are not limited to the following: Gender Watch. A system of services and facilities that would monitor the status of women in the City in all departments and agencies therein shall be developed based on practical methodologies for incorporating gender perspectives into all aspects of the economic amelioration and policy making. Legal Aid Services. Legal aid services shall be assured for all women especially those in distress. Advocacy and Campaigns. A coordinated advocacy and campaign against all forms of discrimination and violence against women shall be established. Sustainable and Gender-Sensitive Project Development. A system to appraise projects and activities concerning the local economy, politics, culture and the ecosystem shall be set up to determine their educational and technological impact on women. Promotion of Gender Sensitivity and Non-Violence in Media. Trimedia shall be encouraged to promote gender sensitivity and non-violence in their various outlets through training programs. Regulatory Function. This function shall include the establishment of protocols and standards relevant to the following concerns: Psychological Support Program. A holistic and indigenous approach assisting women with social programs including attending to their physical, biological, emotional, psychological and social needs, shall be set up. The Council shall establish indicators of program performance. It shall be involved in all the process related to the conceptualization, development, assessment and evaluation of population and gender and development and advocacy programs of the City Government. It shall formulate and propose pertinent ordinances to the City Sangguniang Panlungsod (SP) for the achievements of GAD objectives. Section 167. Composition. The Gender and Development Council shall be composed of the following, among others: Chair: City Mayor Co-Chair: Chairperson SP Committee on Women and Family Coordinator/ Action Officer: City Local Government Operations Officer Members: City Health Officer City Social Welfare and Development Officer City Population Officer One (1) Representative of a local chapter of a national organization engaged in the task of promoting the role of women in relation to Nation Building Two (2) authorized representatives of women organization charged with the mission of promoting education, scientific and cultural development of women Ex-Officio: City Legal; City PNP; City Tourism; City Tourism Council Chairman; Liga ng mga Barangay President; Pagadian City Ministerial Fellowship; City Planning Office; City Superintendent of School; President, Chinese-Chamber; President, Filipino-Chinese Chamber; President, Tri Media Section 168. Meetings. The Gender and Development Council shall meet at least once every two (2) months. The presence of at least a majority of its members shall constitute a quorum for purposes of transacting business. Section 169. GAD Secretariat. A GAD Secretariat shall be created to keep records of proceedings of the Council and document its activities. Head: City Social Welfare and Development Officer Assistant Head: City Planning and Development Coordinator Members: A Representative each from the City Mayor's Office, City Health Office, City Population Office and City Human Resource Office Special meetings, not to exceed once a month may be called when necessary. Section 170. GAD-Technical Working Group (GAD-TWG). A Technical Working Group, which shall be composed of the Chairperson of the Committee on Women and Family of the Sangguniang Panlungsod and Senior Officials or Representatives of certain City Departments or Offices, is hereby created. Composition Chair: Chairperson SP Committee on Women and Family Co-Chair: City Social Welfare and Development Officer Members: City Health Officer; City Cooperative Officer; City Planning and Development Coordinator; City Population Officer; City ENRO; Secretariat; City Human Resources Officer; and CPDO Staff. Function. The Technical Working Group shall have the following functions. Provide technical and administrative support to the Pagadian City Gender and Development Council; and Monitor implementation of plans and programs geared towards addressing womens'/girl's and mens'/boy's rights and development. Section 171. Honoraria. Subject to limitations fixed by laws, ordinances and other administrative issuances, the Chairman and Members of the Council or their permanent alternatives shall be entitled to an honorarium of Two Hundred Fifty (P250.00) Pesos each for every meeting actually attended, but in no way shall exceed Five Hundred (P500.00) Pesos per month. Likewise, subject to the limitations aforementioned, the Secretariat and the Technical Working Group on permanent alternates shall each be entitled to an honorarium of One Hundred Fifty (P150.00) Pesos for every meeting actually attended, but not to exceed Three Hundred (P300.00) Pesos per month. ARTICLE XXVIII OTHER PERTINENT PROVISIONS Section 172. Appropriations. The amount necessary to implement the provisions of this Code shall be appropriated in the Annual Executive Budget. Specifically, Five Percent (5%) of the gross income of the City of Pagadian from all sources shall be appropriated in the Annual Executive Budget and an equivalent amount shall be appropriated from additional funds realized during the year. Section 173. Implementing Rules and Regulations. The City Legal Officer in consultation with the Gender and Development Council shall formulate the implementing rules and regulations necessary to carry out the provisions of this Code. Section 174. Separability Clause. If for any reason any portion of this Code is declared unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby shall continue to be in full force and effect. Section 175. Effectivity Clause. This Ordinance shall take effect upon approval and after publication in the newspaper of general circulation. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 125th Regular Session held on March 27, 2007 at the Sangguniang Panlungsod Session Hall.