ORDINANCE NO: 2007-259 "AN ORDINANCE PROVIDING FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE PROVISION OF R.A. 9208, OTHERWISE KNOWN AS THE "ANTI-TRAFFICKING IN PERSONS ACT OF 2003" IN PAGADIAN CITY" Be it ordained by the Sangguniang Panlungsod (8th City Council) of the City of Pagadian in session assembled: Section 1. - TITLE. This ordinance shall be known as the "ANTI-TRAFFICKING IN PERSONS ORDINANCE of Pagadian City." Section 2. - POLICIES AND PRINCIPLES. It is hereby declared that the local government of Pagadian City values the dignity of every human person and guarantees the respect of individual rights. Toward this end, the local government shall give highest priority to the enactment of measures and development of programs that will promote human dignity and protect the people from any threats of violence and exploitation. The local government of Pagadian City recognizes its vital role in addressing problem of Trafficking in person, especially women and children, at the local level by instituting policies and programs to prevent, protect and rehabilitate victims of trafficking. Section 3. DEFINITION OF TERMS. As used in this Ordinance, the following terms shall mean: a) BCPC - Barangay Council for the Protection of Children b) CCWC - City Council for the Welfare of Children c) Child - Refers to a person below eighteen (18) years of age or one who is ever eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. d) CTFATP - City Task Force Against Trafficking in Person. e) Exploitation - The utilization of another person for self purposes. f) IACAT - Inter-Agency Council Against Trafficking. g) Public Officer - Includes elective and appointive officials and employees, permanent or temporary, whether in the classified or unclassified or exempt service receiving compensation, even nominal, from the government as defined by law. h) Trafficking in Persons - Refers to the recruitment, transportation, transfer or harboring, or receipt of persons without the victim's consent or knowledge, within or across of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. The recruitment, transportation, transfer, harboring or receipt of a child for a purpose of exploitation shall also be considered as "trafficking in person" even if it does not involve any of the means set forth in the preceding paragraph. Section 4. ROLE OF THE LOCAL GOVERNMENT OF PAGADIAN CITY. To contribute to international and national efforts to address the problem of trafficking in persons, the local government of Pagadian City shall implement programs and services that will contribute to the prevention, protection and rehabilitation of trafficked person in Pagadian City, pursuant to Section 16 (j) of R.A. 9208 and Section 19 of the IRR of R.A. 9208. Section 5. MONITOR AND DOCUMENT CASES OF TRAFFICKING IN PERSONS. The local government of Pagadian City shall monitor and document cases of trafficking in persons within its jurisdiction. Any person who has any knowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may be, or has been trafficked shall immediately report the same, either orally, or in writing, through other means to the CCWC, BCPC, nearest police or law enforcement agency or the City Social Welfare Office. The City Health Office shall likewise monitor cases of trafficking by reporting to the City Social Welfare Office any suspected cases of trafficking in persons for the purpose of sexual exploitation incident to the conduct of the STD/HIV/AIDS monitoring test, daily hygiene check-up and other similar medical examinations. All agencies receiving reports of suspected cases of trafficking shall furnish the City Social Welfare Office with an incident report for monitoring and documentation purposes. The City Social Welfare Office shall document the reported cases of trafficking in persons up to termination. It shall likewise submit an annual report to the IACAT on the situation of trafficking within the City. Section 6. DUTY OF PUBLIC OFFICER. Any public officer who has any knowledge or learns of facts or circumstances that give rise to a reasonable belief that a person will be, or may be, or has been trafficked and fails to report such to the CTFATP shall be penalized with a fine of Five Thousand (P5,000.00) Pesos or imprisonment of one (1) month. Section 7. CANCELLATION OF LICENSE OF ESTABLISHMENTS WHICH VIOLATE THE PROVISION OF R.A. 9208. The office of the City Mayor shall effect the cancellation of any business permits and/or licenses of establishments which violate the provisions of R.A. 9208 or this Ordinance. Within one (1) month from adoption of this Ordinance, the CCWC shall call for a meeting to develop guidelines and protocols for the effective coordination in the conduct of surveillance, investigation and rescue operations of trafficking in persons. The CCWC shall include all the members of the City Task Force. To facilitate the successful prosecution of trafficking cases, the CCWC shall establish a witness protection and support services program for victims of trafficking that shall include, but shall not be limited to the establishment of safe houses for rescued victims, basic welfare and legal services, incentives in the form of financial support or alternative livelihood opportunities. Section 9. INFORMATION CAMPAIGN AGAINST TRAFFICKING IN PERSONS. The City government shall undertake an information campaign against trafficking in persons through the establishment of the Migrant Advisory and Information Network (MAIN) desk in coordination with the DILG, Philippine Information Agency (PIA), Commission on Filipinos Overseas (CFO), NGOs and other concerned agencies, organization and individuals. The City Government shall conduct information dissemination activities at the barangay level and coordinate such activities with the BCPCs and DILG. Information dissemination activities shall likewise be conducted in schools, churches and communities. Section 10. ENCOURAGE AND SUPPORT COMMUNITY-BASED INITIATIVES. The City Government shall encourage and support community-based initiatives which address in trafficking in persons. The City Government shall provide support and technical assistance to BCPCs and qualified and accredited NGOs and POs engaged in activities for the protection and rehabilitation of victims of trafficking. Section 11. MANDATORY SERVICES TO TRAFFICKED PERSONS. Pursuant to Section 23 of R.A. 9208, the City Government Agencies, make available the following mandatory services to trafficked persons. Emergency shelter or appropriate housing; Counseling; Free legal services which shall include information about the victims rights and the procedure for filing complaints, claiming compensation and such other legal remedies available to them, in a language understood by the trafficked person; Medical or Psychological services; Livelihood and skills training; and Education assistance to a trafficked child. The City Social Welfare Office shall lead in coordinating and providing (a), (b), (d), (e), and (f), the City Legal Office shall lead in providing (c). Section 12. IMPLEMENTATION. The City Council for the Welfare of Children or (CCWC), be the primary arm of the City Government in the implementation of R.A. 9208 and this Ordinance. The Barangay Council for the Protection of Children or (BCPC) coordinate with the Inter-Agency Council Against Trafficking (IACAT). Whenever necessary, the CCWC shall invite to its meetings and other activities, other city departments and agencies, national government agencies and non-government organizations in order to address concerns on trafficking in person. Section 13. APPROPRIATION. The initial amount of Five Hundred Thousand (P500,000.00) Pesos is hereby appropriated to cover the implementation of this Ordinance which shall be an integral part of the CCWC Funds. Section 14. SEPARABILITY CLAUSE. If, for any section or provision of this Ordinance is held unconstitutional or invalid, the other sections or provisions hereof shall not be affected thereby. Section 15. EFFECTIVITY. This Ordinance shall take effect immediately upon its approval. ENACTED AND APPROVED by the Sangguniang Panlungsod (8th City Council) of Pagadian City during its 126th Regular Session held on April 3, 2007 at the Sangguniang Panlungsod Session Hall.