ORDINANCE NO: 2022-521 (Authored by Hon. Sam Tyra F. Co) "AN ORDINANCE PROVIDING FOR A COMPREHENSIVE YOUTH WELFARE AND DEVELOPMENT CODE IN THE CITY OF PAGADIAN, PROVIDING FUNDS THEREFORE AND FOR OTHER PURPOSES" WHEREAS, Article 2 Section 13 of the 1987 Constitution states that, "the States recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being." It shall inculcate in the youth, patriotism and nationalism and encourage their involvement in public and civic affairs; WHEREAS, it is a declared policy of the city Government of Pagadian to protect the Pagadian youth from all hazardous threats and to promote their holistic welfare being a vital sector in which the City Government of Pagadian must attend in order to be more progressive. WHEREAS, there is a need for a Youth Code that will afford protection and promote the welfare of the Pagadianon Youth in aid of their mission to contribute in nation-building. NOW, THERFORE, be it ordained by the Sangguniang Panlungsod of Pagadian, in session duly assembled that: ARTICLE I. TITLE, POLICY AND DEFINITION OF TERMS SECTION 1. TITLE. This Ordinance shall be known as the Pagadian City Youth Welfare and Development Code hereinafter referred to as "Youth Code". SECTION 2. POLICY. The City of Pagadian recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being and shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. SECTION 3. PRINCIPLES. The City Government further declares that the implementation of the Youth Code shall be based on the following principles: Promotion and protection of the physical, moral, spiritual, intellectual and social well-being of the youth to the end that the youth realize their potential for improving the quality of life; Inculcation in the youth of patriotism, nationalism and other basic desirable values to infuse in them faith in the Creator, belief in the sanctity of life and dignity of the human person, conviction for the strength and unity of the family and adherence to truth and justice; Encouragement of youth involvement in character-building and development activities for civic-efficiency, stewardship of natural resources, agricultural and industrial productivity, and an understanding of world economic commitments on tariffs and trade and participation in structures for policy-making and program implementation to reduce the incidence of poverty and accelerate socio-economic development; and Mobilization of youth's abilities, talents and skills and redirecting their creativity, inventive genius and wellspring of enthusiasm and hope for the freedom of our people from fear, hunger and injustice. SECTION 4. DEFINITION OF TERMS. For purposes of this Ordinance, these terms are defined as follows: BULLYING - refers to any severe or repeated use by one or more students of a written, verbal or electronic expression, or a physical act or gesture, or any combination thereof, directed at another student that has the effect of actually causing or placing the latter in reasonable fear of physical or emotional harm or damage to his property; creating a hostile environment at school for the other students; infringing on the rights of the other students at school; or materially and substantially disrupting the education process or the orderly operation of a school; such as, but not limited to, the following: Any unwanted physical contact between the bully and the victim like punching, pushing, shoving, kicking, slapping, tickling, headlocks, inflicting school pranks, teasing, fighting and the use of available objects as weapons; Any act that causes damage to a victim's psyche and/or emotional well-being; Any slanderous statement or accusation that causes the victim undue emotional distress like directing foul language or profanity at the target, name-calling, tormenting and commenting negatively on victim's looks, clothes and body; and Cyber-bullying or any bullying done through the use of technology or any electronic means. COMMISSION - refers to the National Youth Commission DEVELOPMENT - the improved well-being, or welfare, of people and the process by which this is achieved; the sustained capacity to achieve a better life; HAZING - refers to an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks of activities or otherwise subjecting him to physical or psychological suffering or injury; IN-SCHOOL YOUTH - refers to all youth of school age, whether organized or not, presently enrolled with any educational, vocational institution which include but no limited to the following school organizations (academic or non-academic), student government, fraternities and sororities; MAINSTREAMING - refers to the strategy for making youth's concerns and experiences integral dimension of the design, implementation, monitoring, and evaluation of policies and programs in all political, economic and societal spheres so that the youth benefit equally and inequality is not perpetuated. It is the process of assessing the implications to women and men of any planned action, including legislation, policies, or programs in all areas and at all levels; MINOR YOUTH - shall include all youth whose ages range from 2015-17 years; OUT-OF-SCHOOL YOUTH (OSY) - refers to all youth of school age, whether organized or not, who are unable to avail of the formal school system or who have dropped out from all levels of formal education; SOLO PARENT - refers to those who fall under the category of a solo parent defined under Republic Act No. 8972, otherwise known as the "Solo Parents Welfare Act of 2000"; WORKING YOUTH - shall refer to all youth whose ages range from 2018-30 years who are employed either on a regular or temporary basis; YOUTH - refers to those persons whose ages range from fifteen (15) to thirty (30) years as defined in Republic Act No. 8044; YOUTH DEVELOPMENT OFFICER - refers to the person duly appointed or designated by the Local Chief Executive to serve as its agent in the City with the tasks provided for in this Ordinance or as may deem necessary; YOUTH EMPOWERMENT - refers to the provisions, availability, and accessibility of opportunities, services and observance of human rights which enable the youth to actively participate and contribute to the political, economic, social, and cultural development of the nation as well as those which shall provide them equal access to ownership, management, and control of production, and material and informational resources and benefits in the family, community, and society; YOUTH ORGANIZATIONS - refers to those organizations whose membership/composition are youth; YOUTH-SERVING ORGANIZATIONS - refers to those registered organizations whose principal programs, projects and activities are youth-oriented and youth-related; YOUTH WITH DISABILITY - refers to those youth who are suffering from restriction or different abilities, as a result of a mental, physical, or sensory impairment to perform an activity in the manner or within the range considered normal for a human being. SECTION 5. COVERAGE. This Ordinance shall cover all youth as herein defined, who live or sojourn within the territorial jurisdiction of the City of Pagadian, and, to the extent herein provided, barangays, communities, private and public institutions, national and local offices and agencies, and private business entities in the City of Pagadian. ARTICLE II RIGHTS AND DUTIES OF THE YOUTH SECTION 6. RIGHTS OF THE YOUTH. Every Pagadianon Youth shall be entitled to the rights herein set forth without distinction as to legitimacy or illegitimacy, sex, social status, religion, political antecedents, and other factors: right to a wholesome family life that will provide him/her with love, care and understanding, guidance and counseling, and moral and material security; right to a well-rounded development of his/her personality to the end that he/she may become a happy, useful and active member of society; right to a balanced diet, adequate clothing, sufficient shelter, proper medical attention, and all the basic physical requirements of a healthy and vigorous life; right to be brought up in an atmosphere of morality and rectitude for the enrichment and the strengthening of his/her character; right to an education commensurate with his/her abilities and to the development of his/her skills for the improvement of his/her capacity for service to himself and to his/her fellowmen; right to full opportunities for safe and wholesome recreation and activities, individual as well as social, for the wholesome use of his/her leisure hours; right to protection against exploitation, improper influences, hazards, and other conditions or circumstances prejudicial to his/her physical, mental, emotional, social and moral development; right to live in a community and a society that can offer him/her an environment free from pernicious influences and conducive to the promotion of his/her health and the cultivation of his/her desirable traits and attributes; right to the care, assistance, and protection of the State, particularly when his/her parents or guardian fail or are unable to provide him/her with fundamental needs for growth, development, and improvement; right to an efficient and honest government that will deepen his/her faith in democracy and inspire him/her with the morality of the constituted authorities both in their public and private lives; right to grow up as a free individual, in an atmosphere of peace, understanding, tolerance, and universal brotherhood, and with the determination to contribute his/her share in the building of a better world; right to choose his/her own career. Parents may advise him/her on this matter but should not impose on him their own choice; right to choose his/her future spouse. Parents should not force of unduly influence him/her to marry a person he/she has not freely chosen. SECTION 7. DUTIES OF THE YOUTH. Every Pagadianon Youth, regardless of the circumstances of his/her birth, sex, religion, social status, political antecedents and other factors shall: strive to lead an upright and virtuous life in accordance with the tenets of his/her religion, the teachings of the elders and mentors, and the biddings of a clean conscience; love, respect and obey his/her parents, and cooperate with them in the strengthening of the family; if by reason of his/her studies or for other causes he/she does not live with his parents, the latter shall communicate with him/her regularly and visit them as often as possible; extend to his/her brother and sisters his/her love, thoughtfulness, and helpfulness, and endeavor with them to keep the family harmonious and united; exert his/her utmost to develop his/her potentialities for service, particularly by undergoing a formal education suited to his/her abilities, in order that he/she may become an asset to himself and to society; respect not only his/her elders but also the customs and traditions of our people, the memory of our heroes, the duly constituted authorities, the laws of our country, and the principles and institutions of democracy; participate actively in civic affairs and in the promotion of the general welfare, always bearing in mind that it is the youth who will eventually be called upon to discharge the responsibility of leadership in shaping the nation's future; and help the observance of individual human rights, the strengthening of freedom everywhere, the fostering cooperation among nations in the pursuit of their common aspirations for programs and prosperity, and the furtherance of world peace. ARTICLE III POLICIES FOR THE YOUTH SECTION 8. PROTECTION AND SAFETY. STRONG AND SUSTAINED POLICE AND CIVILIAN VISIBILITY. Strong and sustained police and civilian visibility in the barangays are keys in protection and prevention of youth from becoming victims of crimes and violence at the grassroots level. Round the clock patrol of policemen assigned in community precincts together with barangay authorities and volunteers shall be made in every barangay in order to protect the Pagadian Youth; ASSISTANCE TO REHABILITATION OF YOUTH VICTIMS OF DRUG ABUSE. The City Government abhors all forms of illegal narcotics, but not the victim end-users. Youth victims of drug abuse shall be treated with care and supervision by the barangay where they belong through various intervention programs prior to their reintegration to the community. PREVENTION OF BRUTALITY. The City Government shall endeavor to encourage the Philippine National Police (PNP) to cause their police force assigned to the community precincts undergo training on proper handling and treatment of abused and delinquent youth such that rudeness, harshness, brutality and cruelty against the youth be prevented; ASSISTANCE BY REGISTERED SOCIAL WORKERS. The City Government shall also assign social workers, as the need arises, in every police precinct to team up with the police in the conduct of investigation and treatment of youth victim of crimes and violence; GENDER-SENSITIVE LAW ENFORCERS. To develop a gender-sensitive police force and barangay enforcers dealing with youth, the City Government, in coordination with the NGAs and NGOs, shall assist in capability building of PNP personnel assigned at police stations in the City, as well as local barangay authorities; CARE AND PROTECTION FOR THE DISADVANTAGED AND MARGINALIZED YOUTH SECTOR. The City Government shall promote the welfare of the disadvantaged and marginalized youth giving special attention on policies and programs for the minor youth, women youth, LGBT youth, special youth and youth migrant workers geared towards the prevention, eradication of exploitation of youth in any form, including prostitution, trafficking and illegal recruitment; PARENTAL RESPONSIBILITY. The City Government shall treat and punish parents who abandon, neglect or abuse their minor youth children; SHELTER FOR YOUTH VICTIMS OF VIOLENCE. Support and strengthen the Lingap Center for minor youth and endeavor to create or establish more similar shelters in the effort towards protection, rehabilitation and integration of minor youth victims of violence to the community; REHABILITATION FOR CICL and former rebels. Support and strengthen the Children's Center, as well as establish similar facilities, treatment care and rehabilitation centers for Children-in-Conflict with the Law (CICL) and former rebels to prepare them for reintegration to the community; COMMODIFICATION OF WOMEN YOUTH. Staging of beauty contests, fashion shows and similar competitions and activities shall only be allowed in the City if the same will present or project women youth not as sexual objects but as an individual with beauty, talents, skills and intelligence. The City Government abhors any discrimination, ridicule, abuse and exploitation of youth-women, men and LGBTs-in these events, and shall be dealt with accordingly. SECTION 9. LABOR AND EMPLOYMENT. VISITATION POWERS OF THE CITY GOVERNMENT. City Government authorities shall conduct periodical visitations on all private business establishments within the territorial jurisdiction of the City to ensure that the working youth are afforded good working environment under humane working conditions. Violations of labor standards laws shall be reported to the Department of Labor and Employment (DOLE) without prejudice to administrative proceedings before the concerned local authorities; REGULAR CONDUCT OF JOB FAIRS. The City Government, through the Public Employment Service Office (PESO), shall establish linkages with the private sector and companies for diverse job opportunities for the working youth; HIGHLY EMPLOYABLE SKILLS TRAINING AND NON-FORMAL COURSES. The City Government, through the various local agencies, shall provide the unemployed, undergraduate and out-of-school youth (OSY) highly employable skills training and non-formal courses geared towards local and overseas employment, through the Public Employment Service Office (PESO). CAREER ORIENTATION. The City Government shall assist and guide in-school youth and new graduates on what career to pursue given the demands of the market through the conduct of career orientation seminars; DAY-CARE AND BREASTFEEDING STATIONS. The City Government shall encourage all private establishments and offices in Pagadian City to provide day-care clinics and breastfeeding stations for youth mother-employees by allowing as business tax deduction from gross income the cost of establishing, operating and maintaining day care clinics and breastfeeding stations; STOP DISCRIMINATION AT THE WORKPLACE. The City Government shall endeavor to stop all forms of discrimination in whatever aspect of employment on all working youth-men, women, including the LGBTS, in the workplace, whether public or private. SECTION 10. HEALTH CARE. ACCESS TO MEDICAL SERVICES. The City Government shall endeavor free, if not, affordable but reliable medical services in local public hospitals and health center. The City Government shall be willing to provide incentives to private hospitals and medical service providers in Pagadian City that will render free medical services to Pagadian City residents, including the youth; AUGMENTING ACCESS TO MEDICAL SERVICES. To ensure access to medical services and to promote employment of youth health workers especially the fresh graduates, the City Government shall encourage the establishment and operation of health clinics, health centers, lying-in hospitals, and other allied medical services within Pagadian City; HEALTH EDUCATION FOR ADOLESCENTS. The City Government shall join and support the National Government in providing age and development-appropriate reproductive health education to adolescents which shall be taught by adequately trained teachers, informal and non-formal educational system, and integrated in relevant subjects such as, but not limited to, values formation, knowledge and skills in self-protection against discrimination, sexual abuse and violence against women and children and other forms of gender-based violence and teenage pregnancy, physical, social and emotional changes in adolescents, women's rights and children's rights, responsible teenage behavior, gender and development, and responsible parenthood; ADDRESS MORTALITY AND MORBIDITY OF TEENAGE PREGNANCY AND WOMEN-RELATED ILLNESSES. The City Government, through the City Health Office and the Pagadian City Infirmary, shall address the increasing mortality and morbidity of teenage pregnancy and all serious and life-threatening reproductive health conditions such as HIV and AIDS, breast and reproductive tract cancers, and obstetric complications prevalent among women youth; MATERNAL CARE FOR WOMEN YOUTH. The City Government shall promote maternal health care for youth mothers, including care for their children, by providing free pre-natal and post-natal care, postpartum care, safe delivery, newborn screening and basic vaccinations for infants in local public hospitals; REPRODUCTIVE HEALTH AND FAMILY PLANNING FOR THE YOUTH. The City Government shall educate the youth on reproductive health and family planning, and shall endeavor to help reduce the incidence of teenage pregnancy and pre-marital sex; ADDRESS OVERWEIGHT AND OBESITY AMONG THE YOUTH. The City Government shall promote and advocate healthy lifestyle for the youth, both women and men, to non-communicable diseases such as overweight and obesity through the conduct of lifestyle modification seminars, fun runs and fitness classes and programs; SSS AND PHILHEALTH FOR THE WORKING YOUTH. The City Government shall ensure and monitor that private establishments and officers enroll their working youth in the SSS and PhilHealth, and encourage that they be given health cards; HEALTH SERVICES ON YOUTH DETAINEES/INMATES. The City Government, through the City Health Department, shall conduct regular medical check up to all youth detainees/inmates in the City's jails and psychological evaluation for those newly committed, including the conduct of paramedic trainings for jail officers and personnel, as well as to detainees/inmates with the view to equip them with the skills in first aid and even alternative healing modalities; HIV/STD EDUCATION CAMPAIGN. The City Government shall promote information and education of HIV and sexually transmitted diseases on the youth-men, women, LGBTs-and encourage voluntary counseling and testing for all HIV victims. SECTION 11. EDUCATION. ALTERNATIVE LEARNING SYSTEM. The City Government shall encourage the less fortunate and the out-of-school youth (OSY) to earn their basic education diploma through the Alternative Learning System (ALS); SCHOLARSHIPS FOR TECHNICAL AND VOCATIONAL COURSES. In partner with the private sector, the City Government shall provide scholarships for deserving OSY and underprivileged youth for training and seminar on technical and vocational courses; YOUTH SPORTS PROGRAM. The City Government shall set up a comprehensive and integrated sports development program for the youth with the goal to discover and develop excellent resident athletes that will bring pride and glory to Pagadian City and to the country; OUT-OF-SCHOOL YOUTH to SPORTS. The City Government shall direct the attention of the OSY from gambling and drugs to sports, including health and fitness activities. SPECIAL EDUCATION. SPED centers and schools shall be encouraged in Pagadian City for the benefit of the special youth, and shall provide the needed support and assistance to capability building activities of SPED teachers; BASIC LITERACY PROGRAM. The City Government shall promote Basic Literacy Program to eradicate illiteracy among OSY and underprivileged youth by developing basic literacy skills of reading, writing and numeracy; STOP DISCRIMINATION AGAINST LGBT YOUTH AT SCHOOL. The City Government, in coordination with public and private educational institutions in Pagadian City, shall endeavor to stop all forms of discrimination, especially in terms of admission, expulsion, and disciplinary actions against LGBT youth at school; ANTI-HAZING POLICY. The City Government adheres on the policy to eradicate hazing involving in-school youth in all schools, public or private, within its territorial jurisdiction; ANTI-BULLYING CAMPAIGN. To protect the minor youth, the City Government shall ensure that anti-bullying policies are set up and made known to the public in all public and private schools within its territorial jurisdiction. SECTION 12. SOCIO-ECONOMIC WELL-BEING. LIVELIHOOD PROGRAMS. The City Government shall assist and provide skills development programs for unemployed youth to help them earn additional income for their family; TRIPARTISM. The City Government shall strengthen labor, management and government cooperation to promote industrial peace in companies in Pagadian City where the working youth are employed; ASSISTANCE TO OFW FAMILY, SOLO OR SINGLE PARENTS. The City Government shall provide counseling, guidance and legal assistance to the husband or wife of Filipino migrant workers and their children, solo parents and single parents to address their vulnerability to exploitation and poverty; ASSISTANCE TO RELATIVES OF YOUTH DETAINEES/INMATES. The City Government shall render assistance on the immediate relatives of the youth detainees/inmates by providing counseling and guidance during the period of commitment in the jail; COMPLIANCE WITH ACCESSIBILITY LAW. The City Government shall ensure compliance of government and private establishments and offices of the Accessibility Law for the benefit of the special youth, together with the elderlies and pregnant; EMPLOYMENT OF QUALIFIED SPECIAL YOUTH. The City Government shall encourage private corporations and entities engaged in manufacturing, production or manpower to employ qualified special youth up to the level of at least 5% of their human resources capital, and shall provide tax incentives to them; SIGN LANGUAGES. The City Government shall also promote the use of sign languages at the front-line offices for deaf-mute youth residents of Pagadian City. SECTION 13. MORAL AND SPIRITUAL WELL-BEING. MARRIAGE AS INVIOLABLE SOCIAL INSTITUTION. The City Government shall inculcate in the youth that marriage, as an inviolable social institution, is the foundation of the family and shall be protected; FAMILY AS THE FOUNDATION OF THE NATION. The City Government shall inspire the youth that the family is the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development through the plans, programs and activities implemented by the City; DUTY TO CARE FOR THE ELDERS. The City Government shall instill in the youth that the family has the duty to care for its elderly members, gives full support to the improvement of their total well-being, and recognizes their contribution to nation-building; RESPECT TO YOUTH'S RELIGION. The City Government shall promote the youth's spiritual well-being according to the precepts of his/her religion. SECTION 14. YOUTH IN GOVERNANCE. MAINSTREAM YOUTH DEVELOPMENT IN LOCAL LEGISLATIONS. The City Government shall endeavor to mainstream youth development in local legislations; PARTICIPATION OF THE YOUTH IN LEGISLATION. The Sangguniang Panlungsod and their committees, in the conduct of hearings in aid of legislation, shall always invite and solicit the comments and opinion of youth organizations in Pagadian City; REPRESENTATION FROM THE YOUTH IN GOVERNANCE. The City Government shall ensure youth participation in local government councils, bodies or board to effectively represent the interests and sentiments of youth; USE OF GENDER-FAIR LANGUAGES. The City Government shall encourage all its employees and officials to use gender fair languages in dealing with people, especially the youth. SECTION 15. PAGADIAN CITY YOUTH DEVELOPMENT OFFICE. Pursuant to City Ordinance No. 2022-515, it is hereby recognized, under the Office of the City Mayor, the Pagadian City Youth Development Office which shall be primarily responsible for the conducts pertaining to youth development and welfare. The Pagadian City Youth Development Office is headed by the Local Youth Development Officer with the rank of at least a division chief under the Office of the Mayor, whose salary grade ranges from SG 22 t0 SG 24. SECTION 16. PAGADIAN CITY YOUTH DEVELOPMENT CENTER. The Pagadian City Council for Youth Welfare shall establish a Youth Center. The Pagadian City Youth Development Center shall operate as a multi-purpose center or a one-stop shop facility that will provide services and activities, such as but not limited to: scholarship, sports and recreation, culture and arts, livelihood and manpower, information technology, library, health, training and capability building, youth cooperative, legal assistance and environmental awareness. SECTION 17. PAGADIAN CITY YOUTH DEVELOPMENT COUNCIL. Pursuant to City Ordinance No. 2022-515, the Pagadian City Youth Development Council shall convene at least once a year to gather information and data that shall serve as inputs in the formulation of the youth development plan of the locality. The Local Youth Development Officer shall submit a copy of all resolutions, declarations and proceedings of the Pagadian Youth City Development Council to the Sangguniang Panlungsod for appropriate action. ARTICLE VII. REGISTRATION AND ACCREDITATION OF YOUTH ORGANIZATIONS SECTION 18. ACCREDITATION/REGISTRATION OF YOUTH ORGANIZATIONS. Only those youth groups/organizations or associations which exist in the City of Pagadian shall be accredited by the Council. The requirements for accreditation/registration to the Council are as follows: Letter expressing intent for accreditation/registration; Resolution requesting for accreditation/registration of the youth group/organization/association with their official and alternate representatives; SECTION 20. APPROPRIATIONS. To effectively implement this Ordinance, the Youth Development Fund shall be appropriated annually. SECTION 21. SEPARABILITY CLAUSE. If any provision of this Ordinance is declared invalid or unconstitutional, the remaining provisions not affected thereby shall continue in full force and effect. SECTION 22. REPEALING CLAUSE. All ordinances, local issuances or rules inconsistent with the provisions of this Ordinance are hereby repealed or modified accordingly. SECTION 23. EFFECTIVITY CLAUSE. This Ordinance shall immediately take effect upon approval and in accordance with law. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 15th Regular Session on 26 October 2022 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.