ORDINANCE NO: 2010-307 "AN ORDINANCE PROVIDING FOR THE PAGADIAN CITY COMPREHENSIVE PROGRAM ON STI & HIV AND AIDS ADVOCACY, PREVENTION AND CONTROL, PROMULGATING POLICIES AND MEASURES THERETO, AND FURTHER PROVIDING FUNDS THEREFOR" Be it ordained by the Sangguniang Panlungsod of Pagadian City in session assembled that: ARTICLE I GENERAL PROVISION Section 1. SHORT TITLE. This statute shall also be known as "THE PAGADIAN CITY STI, HIV AND AIDS PREVENTION ORDINANCE OF 2010" Section 2. DECLARATION OF POLICIES AND PRINCIPLES. Acquired Immune Deficiency Syndrome (AIDS) is a disease which has no known cure and which does not recognize territorial, social, political or economic boundaries. The gravity of the AIDS threat demands strong state action today, thus the City Government of Pagadian shall adopt the following international, national and local policies and principles for adherence by the people of Pagadian City. Based on the adopted international National and Local laws, the following are hereby declared as the Policies and Principles of the City Government to wit: Article 3 of the United Nations Convention of the Elimination of all Forms Discrimination against Women (UNCEDAW) states that the obligation of the state is to take all appropriate measures to ensure the full development and advancement for women, for the purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedom on the basis of equality with men; Item C, Women and Health Strategic Objectives and Actions of the Beijing Declaration and Platform for Action which was adopted by the United Nations during the Fourth World Conference on Women in Beijing, China, where the Philippines was a signatory, committed to: 2.2.a. Increase women's access throughout their life cycle to appropriate, affordable and quality health care, information and related services; 2.2.b. Strengthen preventive programs that promote women's health; 2.2.c. Undertake gender-sensitive initiatives that address Sexually Transmitted Infections, and AIDS; 2.2.d. Promote research and disseminate information on women's health; 2.2.e. Increase resources and monitor follow-up for women's health. Item D, Violence against Women and Children (VAWC) Strategic Objectives and Actions of the Beijing Declaration and Platform for Action for which the Philippine government is committed to: 2.3.a. Study the causes and consequences of violence against women and children and the effectiveness of preventive measures; 2.3.b. Eliminate trafficking in persons and assist victims of violence due to trafficking and prostitution; Article II, of the 1987 Philippine Constitution Section 10 states that "the values and dignity of every human person guarantees full respect for human rights"; Section 14: "the state recognizes the role of women in nation building and shall insure the fundamental equality before the law of women and men"; Section 15: "the state shall promote the right to health of the people and instill health consciousness among them"; Section 18:" the state affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare"; Section 20: "the state recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives to needed investments"; Section 23: the state encourages non-governmental, community- based, or sectoral organizations that promote the welfare of the nation"; and Section 25 "the state shall ensure the autonomy of local governments". Republic Act No. 8504 known as "An Act Promulgating Measures for the Prevention and Control of HIV and AIDS in the Philippines." Presidential Executive Order No. 273, approved and adopted the Philippine Plan for Gender -Responsive Development (1995-2025) to take appropriate steps to ensure enforcement of the policies, programs, projects and strategies outlined thereat; Item 3, Policies and Strategies, Policy Advocacy and Legal Reforms of the Philippine Plan for Gender-Responsive Development states that "women and children should no longer be arrested or fined like criminals"(ESCAP, 1991:57). Decriminalization of the prostitutes should go hand and hand with the apprehension and prosecution of agents, recruiters, traffickers, pimps, procurers, establishment owners, customers and others who derive sexual gratification, financial gain and advancement, or any other benefits from the prostitution of others; Pagadian City Ordinance No. 14, s.1978, otherwise known as "An Ordinance Regulating, Fixing Location of the Business Day and/or Night Clubs, Bars, Cocktail Lounges, Cabarets, Dance Halls and Dancing Schools, the Occupation or Calling: Masseur/Masseuse, Professional Hostess, Dancer, Entertainer and Providing Penalties for Violation Thereof" and its Amendatory Ordinances No. 31, s. 1979 and no. 53, s. 1987. The City Government shall promote the welfare and well being of the general public. The City Government is responsible to educate the community in preventing the spread of HIV and AIDS and other sexually transmitted infections. It is the responsibility of the City Government to provide medical and social assistance to the local individuals and their families that may be affected by STI, HIV and AIDS. The City of Pagadian recognizes the fact that prostitution is a growing menace in the society and therefore, the City shall resolve to find ways and means to eradicate it. The City recognizes the efforts of the assisting NGO, the Human Development and Empowerment Services (HDES), who advocated for the passage of this ordinance with the support of the City Government Agencies like the City Health Office, City Social Welfare & Development Office and NGOs like the Philippine National Red Cross, Medical and Paramedical Associations, the religious organizations and other partners. In compliance with the provisions of the 1987 Philippines Constitution, Republic Act No. 8504 and other existing international, national and local laws and directives, effort shall be made by the City Government to enact policies and measures that will ensure the promotion of the right to health and protection of its constituents from many health and social ills that will hamper their full development. Section 3. DEFINITION of TERMS. As used in this ordinance, the following terms are defined as follows: 3.1 AIDS (Acquired Immune Deficiency Syndrome). A condition characterized by a combination of signs and symptoms caused by HIV contracted from another person and which attacks and weakens the body's immune system, making the afflicted individual susceptible to other life threatening infections. 3.2 City Accredited NGO's. The non-governmental organizations (NGO's) who have passed accreditation and annual updating by the Sangguniang Panlungsod in accordance with the provisions of City Ordinance # 2008-271 otherwise known as the "City NGO/PO and Private Sector Accreditation Ordinance" and which organizations are acknowledged by the PCMC-SHAPC as having knowledge on social health and expertise in advocacy, prevention and control of STI, HIV and AIDS. 3.3 CONDOM. It is a tool or device used in preventing/controlling the transmission of STI, HIV and AIDS. 3.4 Council - This is the Pagadian City Multi-sectoral Council for STI, HIV and AIDS Prevention and control (PCMC-SHAPC) as defined in Section 4 of this ordinance. 3.5 Decriminalize - It shall mean to eliminate criminality and culpability on women prostitutes which should go hand in hand with the apprehension and prosecution of agents, recruiters, traffickers, pimps, procurers, establishment owners, customers and others who derive benefits from the prostitution of others. 3.6 Entertainer. Means a person who is employed in an entertainment establishment and renders entertainment service such as GROs, dancers, masseurs, cocktail waitresses and other similar occupations, to customers. 3.7 Entertainment Establishment's Policies. This refers to the statement of provisions of work and benefits of entertainers/employees within the establishment which shall be formulated by the concerned establishment and the Department of Labor and Employment (DOLE). 3.8 Floor Managers. Refer to individuals who supervise the activities of the entertainers. 3.9 HIV and AIDS Prevention and Control. It refers to measures aimed at protecting non-infected persons from contracting HIV and minimizing the impact of the condition of persons living with HIV. 3.10 HIV (Human Immune Deficiency Virus). It means the virus that causes AIDS. 3.11 Information Dissemination. It is the process of relaying the policies, manner of prevention, causes and sources of infection of STI, HIV and AIDS to all persons, operators and workers in the entertainment industry. 3.12 Lewd. Action characterized by inciting to lust or lechery; obscene or indecent; and low or vulgar, which are cited in accordance with the Offences against Decency and Good Customs of Article 201 of the Revised Penal Code. 3.13 Manager. Refers to an individual who has the direct control and supervision of the employees working with the establishments. 3.14 Medical Practitioner. Shall mean any person engaged in health work in hospitals, clinic, sanitaria, health stations, barangay health centers and the like. 3.15 Minor. Any person who is below eighteen (18) years of age or those above but are unable to fully take care of themselves or protect themselves because of physical or mental disability or condition. 3.16 Operator. Refers to any natural or juridical persons who is/are granted permit/license to operate an entertainment establishment. 3.17 PCMC-SHAPC. (Pagadian City Multisectoral Council on STI, HIV and AIDS Prevention and Control) is a juridical multisectoral body headed by the City Chief Executive, who is given the authority to designate the representatives from different sectors apart from the regular membership of the Sangguniang Panlungsod Chairs, Committee on Health and Committee on Women and Family Welfare and the City Health Officer as Chief Executive Officer (CEO). 3.18 Person Living with HIV. Refers to an individual whose HIV test indicates directly or indirectly that he/she is infected with HIV. 3.19 Pink Health Card. A card that certifies the entertainer's regularity in the weekly medical examinations as prescribed in this ordinance. 3.20 Registered Entertainment Establishment. Any establishment that includes bars, nightclubs, disco houses, beer houses, cocktail lounges, massage clinics, karaoke/videoke or video cinco bars/ sing-along pub houses, which are licensed to operate within Pagadian City. 3.21 Reproductive Health. Is the state of complete physical, mental and social well being and not merely the absence of disease and infirmity in all matters relating to the reproductive system and its functions and processes; i.e. people are able to have a satisfying and safe sex life and have the capability to reproduce. 3.22 RHWC (Reproductive Health and Wellness Center). This is new name of the Social Hygiene Clinic in the Office of the City Health Department. ARTICLE II INSTITUTIONALIZATION OF THE PAGADIAN CITY MULTISECTORAL COUNCIL ON STI, HIV AND AIDS PREVENTION & CONTROL (PCMC-SHAPC) Section 1. CREATION of THE COUNCIL. There shall be created a 9-15 member to be known as the Multi-Sectoral Council on STI, HIV and AIDS Prevention and Control (PCMC-SHAPC) which shall be composed of the following; to wit: Chairperson : The Honorable City Mayor Chief Executive Officer : The City Health Officer Members : 1. Chairperson, Sangguniang Panlungsod Committee on Health 2. Chairperson, Sangguniang Panlungsod Women & Family Welfare 3. Sectoral Representatives: (to be appointed by the City Mayor as the Council Chair from any of the following: 3.a) Government: City Health Office-RHWC, City Legal Office, City DILG City Social Welfare & Development Office; City Planning & Development Office; Liga ng mga Barangay; City Tourism Office; City Permits & Licensing Office; City PNP; City Prosecutor office; 3.b) Non-Government Organizations: Human Development & Empowerment Services; Kalambuan; Sabakan; Masidlakon. 3.c) Civic Clubs: Pagadian Rotary Clubs; Jaycees (Greater Pagadian/Pagadian Heights) etc. 3.d) Education: City Division Department of Education; Association of Private Colleges 3.e) Media: Trimedia 3.f) Medical Group: Paramedical; Medical Society, Local Chapter of PNA, PAMET, IMAP; Chief of Hospitals (Govt. & Private Hospitals) 3.g) Youth: SK Federation; Red Cross Youth; children based on NAPC (National Anti-Poverty Commission), the Chairperson Parish Youth Apostolate; 3.h) Business & Labor Sectors: PCCCFI; (Chamber Of Commerce); Chinese Chamber of Commerce, KTV bars, Hotel & Restaurant Association; lodging inns, motel/pension houses/massage Clinics/SPA/wellness center/barber shops/free lancers, beach and mountain resorts. 3.i) Gay Association: 3.j) Religious Sector: K of C; Interfaith; Chairperson City Ministries and Fellowship, Chairperson Family and Life Apostolate; Pagadian Entertainment Association, Priest, Imams, Pastors 3.k) Others: BCPC Chairpersons of the ten (10) piloted barangays association. Section 2. GOAL. The PCMC-SHAPC shall aim to fully protect the people of Pagadian City from getting infected with all forms of social diseases and ultimately attain a "prostitution-free city." Section 3. COUNCIL FUNCTIONS AND RESPONSIBILITIES. The Council in coordination with the SHWC shall have the following functions and responsibilities: 3.1. Design and develop local plans and programs incorporating therein the spiritual formation of persons to prevent, control and possibly eradicate the spread of STI, HIV and AIDS, thus reduce the impact of the diseases on individuals, families and communities; 3.2. Recommend local policies and legislation related to STI, HIV and AIDS; 3.3. Identify and recommend priorities and gaps in local HIV-related cases; 3.4. Provide health care services and antibody test to entertainers and those with similar occupation on a voluntary regular basis; 3.5. Conduct periodic public information, education and communication activities on the promotion of health prevention and control of STI, HIV and AIDS; 3.6. Advocate for local prevention, care and social support programs, as well as non-discrimination program for people living with STI, HIV and AIDS; 3.7. Supervise the over-all implementation of local STI, HIV and AIDS programs regularly; 3.8. Monitor and evaluate local plans and programs; 3.9. Coordinate with other government agencies and the different sectors on STI, HIV and AIDS related activities; 3.10. Develop guidelines and procedures to ensure effective and efficient programs; and 3.11. Help source/request for funds and recommend allocation of resources. Section 4. The CHIEF EXECUTIVE OFFICER, FUNCTION and DUTIES. The Chief Executive Officers function and duties shall not be limited to the following: 4.1. Establish the organizational structure and staffing pattern of the Council subject to the approval of the City Mayor/Council Chairperson; 4.2. Direct and supervise the implementation of the plans and programs including spiritual formation and the internal operations of the Council; 4.3. Submit the annual/supplemental budgets of the council to the City Mayor/Council Chairperson for appropriate action; 4.4. Perform such other functions as may be authorized by the City Mayor/Council Chairperson; and 4.5. Recommend the suspension, dismissal or otherwise discipline for cause of any member or members of the Council. Section 5. ASSISTING STAFF. The Executive Officer shall be assisted by an Administrative and Operations staff in accordance with an approved organization and staffing structure of the Council which shall be composed of such number of employees detached from other city offices and detailed by the City Mayor to the Council and by qualified individuals which may be hired by the Council, subject to the approval of the City Mayor/Council Chairperson. Section 6. REPRODUCTIVE HEALTH and WELLNESS CENTER (RHWC) and ITS FUNCTIONS. The Social Hygiene Clinic in the Office of the City Health shall be renamed as Reproductive Health and Wellness Center (RHWC), and its functions shall be the following: 6.1. Provide reproductive health care service exclusively to its clientele; 6.2. Provide education and information dissemination activities on the promotion of reproductive health, prevention and control of STI, HIV and AIDS; 6.3. Case management of its clienteles for various necessary information; 6.4. Provide reintegration and renewal program/training/programming for entertainers and others who have practiced high risk sexual activities, organizing and other needs of their clientele; 6.5. Monitor and evaluate the cases handled by the center; 6.6. Coordinate with other agencies of the City Government for referral of cases and provision of other health care services and other needs of its clientele like livelihood projects, alternative home, scholarship and other services; 6.7. Take charge of the referrals of minors to concerned agencies (GOs and NGOs) for further assistance; 6.8. Conduct HIV Antibody Test for entertainers and with similar occupation on a voluntary & regular basis. 6.9. Administer pre and post test counseling before any examination is considered. 6.10 Advocate for appropriate spiritual formulation of the clientele. ARTICLE III ADVOCACY, PREVENTION AND CONTROL Section 1. RULES REGARDING COMPULSORY STI, HIV AND AIDS EDUCATION AND ATTENDANCE TO SEMINARS BY THE CONCERNED SECTORS AS IDENTIFIED IN THIS SECTION. 1.1. It shall be mandatory/compulsory for all operators and/or managers and entertainers of registered entertainment establishments to attend seminars on STI, HIV and AIDS prevention and control to be conducted semi-annually by any of the agencies such as the RHWC, PCMC-SHAPC and other city accredited NGOs, otherwise NO PERMIT TO OPERATE shall be granted to the concerned registered entertainment establishment for violation thereof. Section 3. PEER EDUCATOR REQUIRED. It shall be a requirement for all entertainment establishments to have at least one (1) peer educator trained by PCMC-SHAPC, which requirement shall take effect one (1) year after the effectivity of this ordinance, otherwise, no permit & licenseng to operate shall be issued thereafter. Section 4. REQUIRED and CONTROLLED USE OF THE CONDOM AND OTHER INFORMATION MATERIALS. In the Prevention and Control of STI, HIV and AIDS, these materials shall be available in all registered entertainment establishments like hotels, motels, lodging/pension houses, saunas, massage/SPA clinics, wellness centers, travelers inn, barber shops and registered entertainment establishments and the like. 4.1. The required use of the condom shall then be adopted in this City for the control of STI, HIV and AIDS. It shall be required at all entertainment establishments, hotels, motels, lodging/pension houses, saunas, massage/SPA Clinics, wellness centers, traveler's inn, barber shops and the like to make CONDOM use a requirement for customers other than legally married couples or a family, and to provide guidance on the correct and consistent use of the same. 4.2. Information and Education Materials. It shall be required of all registered Entertainment establishments, hotels, motels, lodging/pension houses, saunas, Massage/SPA clinics, wellness centers, traveler's inn, barber shops to make the information materials on STI, HIV and AIDS prevention and control available within their establishments and provide such information materials upon request of the customers especially on the guidance of the correct and consistent use of prophylactic. 4.3. Visibility of Posters and Other Information Materials. All entertainment establishments, hotels, motels, lodging houses/pension houses, sauna, massage/SPA clinics, wellness centers, traveler's inn, barber shops are required to make their posters visible within their premises particularly in comfort rooms and dressing rooms. 4.4. Only persons 18 years old and above maybe allowed admission to any hotel, motel, inn, pension houses or in establishments of similar nature. Minors may only be admitted, registered or allowed to enter/stay in any of these establishments when in the company of their parents who, upon registration must show proof of valid identification to such effect. Section 5. CONDUCT OF MEDICAL EXAMINATION OF ENTERTAINERS AND OTHERS WITH SIMILAR OCCUPATION. All entertainers and others with similar occupation shall undergo a weekly medical examination (gram staining) to be conducted on a regular basis by the RHWC. The Pink Card or the Social Hygiene Card is now renamed PINK HEALTH CARD. Section 6. ELIMINATION OF SOCIAL STIGMA. All activities to be undertaken for the prevention and control of STI, HIV and AIDS shall be addressed towards both women and men clientele. Women and children's vulnerability to STI, HIV and AIDS infection based on their reproductive and physiological attributes should be highlighted; this shall mean women and children within clientele's family. Section 7. SUBMISSION OF POLICIES. It shall be compulsory for all operators and/or managers of registered entertainment establishments to provide the PCMC-SHAPC and the entertainers copies of the entertainment establishment policies in accordance with labor laws and other related national and local policies, rules and regulations. 1.3. Facilities such as private entertainment rooms with locks from the inside and outside and window glass that are non-transparent or with any form of obstructions from public view that facilitates the practice of illegal activities such as prostitution, use of illegal drugs, acts of lasciviousness and other illegal acts that violate women's rights. Establishments are given six (6) months to comply upon passage of this ordinance. 1.4. Tolerating the activities of pimps or any person soliciting money for sexual favors. 1.5. Any patron, pimp, manager or operator, government officials/employee or any person caught watching or participating in any way during the conduct or showing of a lewd show shall likewise be penalized. 1.6. Any operator/manager of entertainment establishments found violating any labor law shall be penalized. 1.7. Children, unauthorized women and minors may be apprehended by any authorized public official or any government office found within an entertainment establishment. 1.8. No operator/owner/manager can dismiss or penalize an entertainer by reason of rejection of a client. 1.9 Any person who shall insist to stay in an establishment when he has been requested to leave by reason of exhibiting behavior contrary to public norms may be penalized under this ordinance. 1.10. No entertainment establishment can refuse entry to an unescorted lady/woman. 1.11. Clientele should be made aware of their rights to file charges for abuses committed against them. Section 2. PROHIBITION AGAINST MEDICAL MALPRACTICE. No medical practitioner or other staff assisting or directly providing medical services/exams to clientele shall be insensitive and/or inhumane in his/her treatment of said clientele. 2.1. Provision for the welfare of minors. No registered entertainment establishment shall be allowed to hire any minor. 2.2. Regulation concerning minors within and near the vicinity of a registered entertainment establishment. 2.3. No person shall be allowed to enter a registered entertainment establishment in the company of a minor. 2.4. No minor shall be allowed to enter a registered entertainment establishment. Section 3. PROHIBITION AGAINST DIVULGING OF CONFIDENTIAL INFORMATION OF PERSONS LIVING WITH STI, HIV AND AIDS. Any person working in the government or any NGO who has access to confidential information acquired by reason of his/her position in the implementation of this ordinance, and who shall divulge the same to the public, shall be prohibited. ARTICLE V PENAL PROVISIONS Section 1. ANY PERSONS FOUND GUILTY OF VIOLATING SECTION 15, 16 AND 20 OF THIS ORDINANCE SHALL BE METED WITH THE FOLLOWING PENALTIES: First Offense - to pay a fine of P1,000.00 and /or an imprisonment of one (1) month. Second Offense - to pay a fine of P2,000.00 and /or an imprisonment for three (3)months. Third Offense - to pay a fine of P4,000.00 and/or an imprisonment of six (6) months. Fourth Offense - Revocation of Permits and Closure of establishment. Section 2. ANY PERSON FOUND GUILTY VIOLATING SECTION 9, 11, 12 AND 13 OF THIS ORDINANCE SHALL BE METED WITH THE FOLLOWING PENALTIES: First Offense - to pay a fine of P1,000.00 Second Offense - to pay a fine of P2,000.00 and /or an imprisonment of three (3) months. Third Offense - to pay a fine of P3,000.00 and/or an imprisonment of six (6) months. ARTICLE VI IMPLEMENTATION AND MONITORING Section 1. IMPLEMENTING RULES AND REGULATION (IRR) FORMULATION. The PCMC-SHAPC spearheads the formulation and passage of the IRR of this City Ordinance. In the event that the City Legal City Office is not included as member of the council, the said office shall be commissioned by the council to assist. Section 2. ENFORCEMENT and MONITORING. The following agencies are tasked to coordinate in the strict enforcement/ compliance and monitoring of this ordinance; 2.a. PCMC-SHAPC 2.b. RHWC 2.c. City PNP-Women's Desk 2.d. Gender and Development Council/ Office 2.e. City Social Welfare & Development Office (CSWDO) 2.f. City License & Permit Division, City Mayors Office 2.g. Accredited NGO's, POs and Private Sector 2.h. Commission on Human Rights (CHR) Section 3. APPROPRIATIONS. The sum of FIVE HUNDRED THOUSAND (P500,000.00) shall be appropriated out of the City regular funds to cover expenditures to fund projects mentioned in this ordinance and of which TWO HUNDRED FIFTY THOUSAND (P250,000.00) will be used to purchase medicines for treatment of STI. This annual budgetary allocation may be increased as is necessary upon evaluation and recommendation by the PCMC-SHAPC. ARTICLE VII FINAL PROVISIONS Section 1. CURRENT YEAR (2010) FUND ALLOCATION. The sum of ONE HUNDRED THOUSAND (P100,000.00) pesos or so much therefore as may be necessary is hereby appropriated out of any funds existing in the City Treasury to cover the expenditures for the current year operations of the PCMC-SHAPC. Section 2. SEPARABILITY CLAUSE. If for any reason, any section or provision of this ordinance 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 3. REPEALING CLAUSE. All ordinances, local issuances or rules inconsistent with the provisions of this ordinance are hereby repealed or modified accordingly. Section 4. EFFECTIVITY CLAUSE. This ordinance shall take effect immediately upon approval and publication. ENACTED AND APPROVED by the 9th City Council of Pagadian City during its 117th Regular Session held on February 23, 2010 at the Sangguniang Panlungsod Session Hall.