ORDINANCE NO: 2023-559
(Sponsored by Honorable Patrisha Kaye N. Asugas)
"AN ORDINANCE ADOPTING THE REVISED PAGADIAN CITY GENDER AND DEVELOPMENT (GAD) CODE OF 2023"
Be it ordained by the Sangguniang Panlungsod (14th City Council) of the City of Pagadian in session assembled, to wit:
CHAPTER 1 - GENERAL PROVISIONS
ARTICLE I
TITLE
Section 1. - Title. This ordinance shall be known and cited as the PAGADIAN CITY GENDER AND DEVELOPMENT (GAD) CODE OF 2023.
ARTICLE II
PURPOSE
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 and in recognition of their human and gender rights. It shall ensure gender parity and promote mainstreaming of gender-based concerns to create a wider arena of active participation in the development process to protect gender-based rights and to provide opportunities equal to those available to men, as well as ascertain the rights of persons of diverse social orientation, gender identity and expression (SOGIE), and that they must have equality, security and safety not only in private, but also on the streets, public spaces, public utility vehicles or public transport, online, workplaces, and educational and training institutions.
ARTICLE III
DECLARATION OF PRINCIPLES AND POLICIES
Section 3. Declaration of Pagadian City Government Principles and Policies. The City Government of Pagadian affirms the role of women and persons of diverse SOGIE in nation-building and ensures substantive equality among them, and that:
Women and persons of diverse SOGIE have the right to the prevention and protection from all forms of violence, abuse, harassment and discrimination in all forms. They have the right to freely and fully participate-individually or collectively-in the political, socio-economic processes and special measures in all spheres of society particularly in the decision-making and policy-making processes in government and private entities to fully realize their role as agents and beneficiaries of development.
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 and persons of diverse SOGIE benefit equally and participate directly in the development programs and projects of its various departments and ensure their full participation and involvement.
The City Government shall uphold the rights of women and persons of diverse SOGIE, 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 and persons of diverse SOGIE shall be recognized as full and equal partners of men in development and nation building and shall share equally with all forms of productive and reproductive activities.
The City Government shall undertake development efforts towards the realization of the rights of women and persons of diverse SOGIE, 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 their right to economic survival, political participation, self-determination and personal empowerment.
The City Government shall adopt and implement measures to protect and promote gender-based rights and ensure 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.
Section 4. 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 and persons of diverse SOGIE in grassroots level planning, implementation, monitoring and evaluation of development programs and projects, and in local legislation;
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 persons of diverse SOGIE's needs;
Involve spouses or partners of women and persons of diverse SOGIE in family planning programs, health, child care and nutrition concerns and engage them in projects and activities 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, abuse or harassment against women and persons of diverse SOGIE;
Promote and ensure gender sensitivity in local media, advertising agencies and other information outlets;
Encourage the membership of women and persons of diverse SOGIE 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 women and persons of diverse SOGIE 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.
ARTICLE IV
DEFINITION OF TERMS
Section 5. 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.
Differently-abled. These are persons who have one or a combination of condition, impairment or disability with distinct needs.
Discrimination against women. Any distinction, exclusion or restriction made on the basis of gender which has purpose or effect of impairing or nullifying the recognition, enjoyment, or exercise by women of their rights irrespective of their marital status. It includes any act or omission that directly or indirectly excludes or restricts women in the recognition and promotion of their rights
Domestic violence. Any act or series of acts committed by any person against a woman who is his wife, former wife, or a woman with whom he has a common child, or when the person has or had sexual or dating relationship.
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. It refers to a set of socially ascribed characteristics, norms, roles, attitudes, values and expectations identifying the social behavior of men and women, and the relations between them.
Gender and development. It refers to the perspective, which recognizes the equal contribution of women and men, inclusive of persons of diverse SOGIE, 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.
Gender-based harassment. It refers to a conduct targeted to a particular person that causes or likely to cause mental, emotional or psychological distress, and fear of personal safety. It includes unwanted sexual remarks and comments, threats, uploading or sharing of ones' photos without consent, video, and audio recordings, cyberstalking, and online identity theft.
Gender equality. The ideal sought by women and men, inclusive of persons of diverse SOGIE, 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 identity and/or expression. It refers to the personal sense of identity as characterized, among others, by manner of clothing, inclinations, and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with physiological characteristics of the opposite sex in which case this person is considered transgender.
Gender perspective. It is 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. It 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.
Public spaces. It refers to space and alleys, public parks, schools, buildings, malls, bars, restaurants, transportation terminals, public markets, spaces used evacuation centers, government offices, public utility vehicles as well as private vehicles covered by APP-based transport network services and other recreational spaces such as, but not limited to, cinema halls, theaters and spas.
Reproductive health. It is defined by the International Conference on Population and Development and the World Health Organization affirmed by the Beijing Conference as 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.
Safe Space. It refers to the security and safety not only in private, but also on the streets, public spaces, online, workspaces and educational and training institutions.
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.
Special Measures. It refers to a variety of legislative, executive, administrative, and regulatory instruments, policies, and practices aimed at accelerating de facto equality of women in specific areas.
Social Protection. It refers to policies and programs that seek to reduce poverty and vulnerability to risks and enhance the social status and rights of all women and persons of diverse SOGIE, especially the marginalized by promoting and protecting livelihood and employment, protecting against hazards and sudden loss of income, and improving peoples' capacity to manage risks.
CHAPTER 2 - GAD STRUCTURE, DUTIES AND FUNCTIONS
ARTICLE V
THE GENDER AND DEVELOPMENT COUNCIL
Section 6. Creation of the Gender and Development Council. Under the Office of the City Mayor, there shall be created a Gender and Development Council, hereinafter known as GAD Council specifically to implement the provisions of this Code. It shall also be the coordinating, regulatory and monitoring office of the City Government of Pagadian, which shall focus on gender-related projects and activities.
Section 7. The Functions of the Gender and Development Council. This GAD Council shall have the following functions to ensure consistency in the implementation of the provisions of this Code, to wit:
Consciousness-raising functions. It shall be the function of the GAD Council to appoint focal points for women in every City Government office, department, legislative process and mechanism. The focal points for women shall be given an appropriate training so they could in turn conduct training, seminars, workshops and others toward the raising of public consciousness about the status of women and their rights.
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 8. 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 Welfare
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 and Development Coordinator; City Schools Division Superintendent; President, Chinese-Chamber; President, Filipino-Chinese Chamber; President, Tri Media
Section 9. 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 10. GAD Secretariat. A GAD Secretariat shall be created to keep records of the proceedings of the Council and document its activities.
Head: City Social Welfare and Development Officer
Assistant Head: City Planning and Development Coordinator (CPDO)
Members: A Representative each from the City Mayor's Office, City Health Office, City Population Office and City Human Resource Office
Special meetings may be called when necessary.
Section 11: Creation of GAD Focal Point System (GFPS). There shall be established a GFPS or similar GAD mechanisms to accelerate gender mainstreaming within the locality. The Local Chief Executive (LCE) shall sign appropriate issuances to institutionalize the establishment, reconstitution and/or strengthening of the GFPS in the City.
To carry out its functions, the GFPS shall have an Executive Committee (EXECOM), a Technical Working Group (TWG) and/or a Secretariat, the Local Chief Executive (LCE) as the Chair and shall have the LGU department heads, Chair of the Sangguniang Committees on Women, Children and Family, and Appropriations; and representatives from the PNP Women's Desk, Indigenous Peoples (IP's), Persons with Disabilities (PWDs), private sector, academe and recognized and/or accredited non-government organizations (NGOs) as well as women's associations as members. The President of the Liga ng mga Barangay and the Sanggunian Kabataan (SK) Federation President may be invited as members of the GFPS. The LCE may also designate an alternate Chair and Vice-Chair for the GFPS.
The GFPS TWG, if created, shall be composed of, but not limited to, key staff from the various LGU offices/departments or committees represented in the GFPS EXECOM, including a representative from the LCE's Office, members from the private sector, academe, and civil society organizations as appropriate. The GFPS TWG Chair shall be elected from among the GFPS TWG members. The designation of the GFPS TWG Chair shall be made official through the issuance of a Memorandum duly assigned by the LCE and indorsed by his/her immediate supervisor or concerned LGU department head. The GFPS TWG Chair may designate a Secretariat to assist in its functions.
Section 12. GAD Office/Specialist. Where feasible, a GAD Office or unit, or GAD Specialist may be established or created under the Office of the LCE that will support and coordinate all GAD related projects, plans and activities (PPAs) and concerns of the LGU GFPS. The LCE may also appoint or designate LGU personnel to manage the GAD Office and/or unit. Necessary expenses and/or remuneration shall be taken from the GAD Fund.
CHAPTER 3 - GENDER-RESPONSIVENESS MANIFESTATIONS
ARTICLE VI
EDUCATION RIGHTS
Section 13. Promotion of Gender-Sensitive Trainings, Seminar or Orientation. Schools and other concerned agencies within the City of Pagadian shall promote gender-sensitive career or technical courses and shall actively campaign to empower women and persons of diverse SOGIE to widen their career opportunities and self-development.
The City Government shall set up a functional and practical and gender-sensitive education program in all barangays and workplaces of the City. The GAD Council shall encourage all women and persons of diverse SOGIE in the barangays to participate so that they may become active partners in nation building and in the development process.
Section. 14. Equal Access of Elimination of Discrimination in Education, Scholarships and Training. The City Government of Pagadian shall ensure that gender-sensitive language shall be used at all times in educational and training materials, capacity-building on gender and development (GAD) for teachers and those involved in the education sector shall be pursued. Partnerships between and among players of the education sector, including the private sector, churches, and faith groups shall be encouraged.
Enrollment of women and persons of diverse SOGIE in non-traditional skills trainings in vocational and tertiary levels shall be encouraged.
Section 15. Monitoring and Reporting of Stereotyped Portrayal of Roles of Women and Persons of Diverse SOGIE 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 persons of diverse SOGIE in education materials.
ARTICLE VII
HEALTH RIGHTS
Section 16. The City Government of Pagadian shall provide for a comprehensive, culture-sensitive, and gender-responsive health services and programs covering all stages of a woman's and persons of diverse SOGIE's life cycle in which addresses the major causes of their mortality and morbidity. The provision for comprehensive health services shall accord due respect to their religious convictions, the rights to spouses to found a family in accordance with their religious convictions, and the demands of responsible parenthood, and their right to protection from hazardous drugs, devices, interventions and substances.
Section 17. Budget for Women's and Persons of Diverse SOGIE's Health. A substantial portion of the health budget of the Local Government of Pagadian City shall be allocated for women's and persons of diverse SOGIE's health and services, such as:
Maternal and Child Health and Nutrition;
Family Planning and Safe Motherhood
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;
Obstetric and Gynecological Conditions;
Prevention and Treatment of Infertility and Sexual Disorders;
Reproductive Health;
Physical Injuries and Mental Health and Illness of Women and Persons of Diverse SOGIE who are victims of violence, abuse or harassment and discrimination;
Safe Education and Access to Safe sex commodities;
Birthing Facility; and
Breastmilk Bank
Access to the following services shall be ensured:
Maternal care to include Pre and Post-Natal Services to address pregnancy and infant health nutrition;
Promotion of breast feeding;
Responsible, ethical, legal, safe, and effective methods of family planning;
Family and state collaboration in youth sexuality education and health services;
Prevention and management of reproductive tract infections, including sexually transmitted disease, HIV, and AIDS;
Prevention and management of reproductive tract cancers and other gynecological conditions and disorders;
Prevention of abortion and management of pregnancy-related complications;
In cases of violence against women and children, the victims and survivors shall be provided with comprehensive health services that include psycho-social, therapeutic, medical and legal interventions and assistance towards healing, recovery, and empowerment;
The care of the elderly women and women with disabilities; and
Management, treatment and intervention of mental health problems of women and persons of diverse SOGIE.
Section 18. Special Leave Benefits for Women. A woman employee having rendered continuous aggregate employment service of at least six (6) months for the last twelve (12) months shall be entitled to a special leave benefits of two (2) months with full pay based on her gross monthly compensation following surgery caused by gynecological disorders.
Section 19. Violence Against Women and Children (VAWC) Leave. A government woman employee victim of VAWC and had filed VAWC complaint or protection order shall be entitled to a special leave of ten (10) days.
Section 20. 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 21. Crisis Intervention Center. Crisis Intervention Center shall be established in a strategic room to serve as safe haven with appropriate support and legal services for women and persons of diverse SOGIEs and their children in crisis situation or who are victims of violence, abuse or harassment under the management and supervision of the GAD Council created pursuant to this Code. All immediate and necessary requirements to file a case or complaint needed by the victim or complainant shall be performed or addressed in the center.
Legal, medical and social services shall be provided to the victim or complainant in the center.
There shall be 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 22. 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.
Section 23. Non-discrimination of Reproductive Health Services. No hospital or health care provider in Pagadian City shall deny a woman or persons of diverse SOGIE's admission or reproductive health services on account of his/her gender, identity or expression.
Section 24. Hotline for Anti-Sexual, Anti-Violence, Anti-Discrimination and Anti-Harassment Complaints. There shall be established or created a hotline where complaints or reports of anti-sexual, anti-violence, anti-discrimination and anti-harassment acts be made.
ARTICLE VIII
SOCIO-ECONOMIC RIGHTS AND BENEFITS
Section 25. Gender-responsive and Comprehensive Livelihood Program. The City Government shall allocate funds for socio-economic programs for indigent women and persons of diverse SOGIE 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 26. 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 27. Economic Empowerment for Indigent Women and Persons of Diverse SOGIE. To address the gap between the rich and the poor which gap leads to economic instability and unequal distribution of wealth, the City Government shall ensure practical and strategic response to address such gap that is transformative to uplift the economic and social relations of indigent women and persons of diverse SOGIE.
Section 28. 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 29. 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 30. 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 31. Role of Women and Persons in Diverse SOGIE in Environment Impact Technology. The City Government shall ensure the active participation of women and persons of diverse SOGIE in environmental impact assessment projects.
Section 32. Special Training for Members of the Lupong Tagapamayapa. A special training shall be conducted for members of the Lupong Tagapamayapa on gender-based concerns, issues and orientation.
ARTICLE IX
LABOR AND EMPLOYMENT
Section 33. Orientation on Sexual Harassment. All local schools, agencies and establishments or companies, government or private, in the City of Pagadian, shall conduct or sponsor orientation on gender issues and laws on anti-sexual harassment and/or discrimination for their respective personnel.
Section 34. Setting-up of Grievance Machineries. A grievance committee shall be set up in all local offices, agencies, establishments and companies to act on administrative complaints related to sexual harassment. For this purpose, a grievance procedure shall be installed in every agency, office and/or establishment.
Section 35. Gender-Sensitive Office Building/Structure. All offices, agencies and establishments, public or private, shall adopt building design or plan appropriate for a gender-sensitive environment which shall help prevent sexual harassment, sexual abuse and other forms of maltreatment of women and persons of diverse SOGIE in the workplace.
Section 36. 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, provided it shall serve at least one (1) child regularly for at least one (1) year in the center; and
Any amount used for the establishment, maintenance and operation of breastfeeding room or area shall be tax-deductible.
ARTICLE X
CULTURAL IDENTITY
Section 37. Indigenous and Moro Women and Persons of Diverse SOGIE of Pagadian City. The Local Government of Pagadian City shall actively incorporate in all its programs and projects the preservation of the cultural identity of the indigenous and Moro women and persons of diverse SOGIE.
Section 38. Culturally-Appropriate Schools. There shall be accessible and culturally appropriate schools for indigenous and Moro women and persons of diverse SOGIE in Pagadian City.
Section 39. Identification of Indigenous and Moro People Areas. A survey of indigenous and Moro and persons of diverse SOGIE in Pagadian City shall be undertaken on a yearly basis by the GAD Office or the GAD Specialist.
Section 40. Integrated Development Program for Indigenous and Moro Women and Persons of Diverse SOGIE. The Local Government of Pagadian City shall develop a program that shall facilitate empowerment of the indigenous and Moro women and persons of diverse SOGIE of the City. Active support for the preservation of their knowledge of their culture and tradition shall be incorporated in the program.
ARTICLE XI
MASS MEDIA
Section 41. Gender-Sensitive Portrayals of Women and Persons of Diverse SOGIE in Media. The City Government shall oblige all media institutions to be sensitive in the portrayal of women's and persons of diverse SOGIE's role, encourage their positive images, and discourage sexist and homophobic print materials and broadcast programs.
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 be strictly prohibited.
Section 42. 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 43. 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 persons of diverse SOGIE entertainers and their unnecessary body public exposure and humiliation.
ARTICLE XII
RIGHTS OF WOMEN AND PERSONS OF DIVERSE SOGIE IN RURAL BARANGAYS
SECTION 43. Promotion of Land-based projects. The City Government of Pagadian shall promote and support land-based projects ensuring food security for women and persons of diverse SOGIE in rural barangays utilizing science, gender- friendly, and appropriate technology to promote adequate food and proper nutrition.
Section 45. Access to Science and Gender-Friendly Alternative Technology Education. The City Agriculturist's Office, in cooperation with the Department of Science and Technology and other related line agencies, shall establish a science and gender-friendly alternative technology center for women and persons of diverse SOGIE in rural barangays.
ARTICLE XIII
MATERNAL OR PARENTAL AND CHILDREN SUPPORT SYSTEM
Section 46. 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 temporarily ease the burden of mothers or guardians in child-minding or child-caring so as to allow them to engage in other activities such as taking a job or going back to school without prejudice to the Pagadian City Comprehensive Children's Welfare Code.
The City Government of Pagadian shall establish or set-up in the City Hall a day care center for its employees who have children below seven (7) years of age who can avail of this day care center during office or work hours where child-minding and child-care can be availed of. There shall be inside this day care center a breast-feeding area for breastfeeding mothers who are allowed to use the same during their breastfeeding time.
ARTICLE XIV
WOMEN AND PERSONS OF DIVERSE SOGIE WITH SPECIAL NEEDS, DIFFERENTLY-ABLED OR ELDERLY
Section 47. Special Education for Women and Persons of Diverse SOGIE with Special Needs and Differently-Abled. Efforts shall be exerted to involve women and persons of diverse SOGIE with special needs and differently-abled or elderly in schools, offices, institutions, workplaces and the like.
Section 48. Advocacy for the Rights of Women and Persons of diverse SOGIE with Special needs or Differently-Abled. The GAD Council shall conduct active advocacy for the rights and participation of women and persons of diverse SOGIE with special needs or differently-abled.
Section 49. Creative Employment Opportunities for Women and Persons of diverse SOGIE with Special needs or Differently-Abled. The Local Government of Pagadian City shall develop creative employment opportunities for women and persons of diverse SOGIE with special needs or differently-abled, recognizing their conditions and full potential.
Section 50. Organization of Women and Persons of Diverse SOGIE with Special Needs or Differently-Abled. Each barangay shall create a committee on women and persons of diverse SOGIE or differently-abled to advance and promote the interests of this special group.
Section 51. Organization of the Elderly Women and Persons of Diverse SOGIE. Each barangay shall create a committee for the elderly women and persons of diverse SOGIE within the Barangay Development Council in order to protect, advocate and further their interests and welfare.
Section 52. Support for Women and Persons of Diverse SOGIE in Detention. The rights of women and persons of diverse SOGIE detainees shall be protected. 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 53. Women and Persons of diverse SOGIE who are Solo Parent. Women and Persons of diverse SOGIE who are Solo Parent/s shall be given appropriate assistance and response to their needs.
Section 54. Advocacy on Rights and Support Mechanisms for Education and Employment of Women and Persons of Diverse SOGIE with Special Needs or Differently-abled. The City Government shall initiate active advocacy on the rights and Support Mechanisms for Education and Employment of Women and Persons of Diverse SOGIE with Special Needs or Differently-abled, establish special education schools/classes for them through the Division of City Schools which shall offer appropriate curriculum for their specific needs, and develop learning, work or socio-economic opportunities for them in recognition of their conditions and full potential.
ARTICLE XV
POLITICAL AND PUBLIC SPHERE PARTICIPATION
Section 55. 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.
Section 56. Marking Significant Days for Persons of diverse SOGIE. June 28 as International Pride Day shall be declared as a special day for all persons of diverse SOGIE in Pagadian City through an Executive Order. There shall be coordinated City and barangay level activities for persons of diverse SOGIE. A committee for this activity should be convened and spearheaded by the City GAD Council.
Section 57. Women and Persons of Diverse SOGIE's Participation and Representation in the Barangay and City Development Council. Both the City and Barangay shall ensure that one-third (1/3) of its members, if possible, is composed of women and persons of diverse SOGIE in recognition of their considerable leadership and involvement in various development efforts and initiatives. They shall come from accredited organizations with considerable accomplishments and programs geared towards gender-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 58. Gender and Development Summit. The GAD Council in coordination with the Women and Persons of Diverse SOGIE Non-Government Organizations and Government Organizations (GOs) shall convene a Gender and Development Summit on the first week of March once every three (3) years.
Section 59. 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 and persons of diverse SOGIE 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 (5%) as GAD budget as institutionalized and mandated by law.
Section 60. Representation of Women and Persons of Diverse SOGIE in Local Special Bodies. The GAD Council shall ensure that women and persons of diverse SOGIE are duly represented in the City Development Council and all local special bodies including in the barangay levels to strengthen government recognition of their potentials in the formulation and planning of local development programs.
Section 61. Support for Working Mothers. Working mothers shall receive assistance through the establishment of childcare centers. As such, child care centers and breastfeeding areas are highly encouraged to be put in place in workplaces.
ARTICLE XVI
SUPPORT SERVICES FOR WOMEN AND PERSONS OF DIVERSE SOGIE VICTIMS/SURVIVORS OF VIOLENCE
Section 62. Support for women and persons of diverse SOGIE victims/survivors of violence. The City of Pagadian shall provide necessary support to women and persons of diverse SOGIE who are victims/survivors of violence. They shall be registered with the GAD Council so they could avail themselves of its support and services. It shall ensure that the victims are provided with a gender-sensitive environment that is both respectful and sensitive to the victim's needs and conducive to truth telling.
Financial assistance shall be extended to women and persons of diverse SOGIE in crisis situations such as: victims of VAWC, harassment or abuse who have filed complaint or case before the Prosecutor's Office. The procedure to avail such financial assistance shall be the same of that of availing financial assistance under the Assistance to Individuals to Crisis Situation (AICS) Program.
Section 63. Survivors Support Group. The City Government shall encourage the organization of women and persons of diverse SOGIE victims/survivors' group to which they may voluntarily seek professional help.
Section 64. 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 and persons of diverse SOGIE.
Section 65. Women's Desk. The Pagadian City Government shall establish and maintain women's desk in the City Social Welfare and Development Office (CSWDO) and preferably handled by office staff duly trained by GAD authorities. The safety and privacy of clients shall be guaranteed.
Section 66. Family Disputes and Violence Committee. Each barangay in the City shall create a Family Disputes and Violence Committee to handle cases of family, gender-based disputes and domestic violence. This committee shall be under the Lupong Tagapamayapa.
Section 67. 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, gender-based or domestic violence.
Section 68. Creation of Half-Way House or Shelter for Women and Persons of Diverse SOGIE Victims of Violence or Abuse. The City Government through the CSWDO shall establish a Half-way House or Shelter for Women and Persons of Diverse SOGIE and their children who are victims and/or complainants of cases of violence, abuse and harassment. They shall be allowed to stay in the shelter for a maximum of seven (7) days.
Section 69. Reporting Cases of Violence, Abuse or Harassment Committed Against Women inclusive of Persons of diverse SOGIE. 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 and formulate a barangay-level sanction/s through Barangay Ordinance of cases of violence, abuse, discrimination or harassment committed against women and persons of diverse SOGIE.
ARTICLE XVII
VIOLENCE, ABUSE AND HARASSMENT AGAINST WOMEN
PERSONS OF DIVERSE SOGIE
Section 70. Violence, Abuse and Harassment Against Women and Persons of Diverse SOGIE. For purposes of understanding, the coverage and meaning of violence, abuse, discrimination and harassment against a woman or persons of diverse SOGIE as mentioned in this Code, the following are defined or construed as:
Violence 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 woman 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.
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.
Discrimination is any distinction, exclusion or restriction made on the basis of sex and gender that has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women or persons of diverse SOGIE irrespective of their marital status, and on basis of equality and gender parity of human rights and fundamental freedoms in the political, economic, social, cultural, civil, or any other field.
Harassment referred in this Code may be sexual harassment which 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. The following acts also 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 or a persons of diverse SOGIE 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 act during physical or medical examinations;
Requiring women to wear suggestive or provocative attire during interviews for job hiring, promotion, admission and the like.
Unwanted and/or uninvited sexual actions or remarks against of any person regardless of the motive for committing such action or remark.
catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic, sexist slurs, persistent uninvited comments or gestures on a person's appearance, comments and suggestions, public masturbation or flashing of private parts, groping, or any advances, whether verbal or physical, that is unwanted and has threatened ones sense of personal space and physical safety, and committed in public spaces such as: alleys, roads, sidewalks and parks, workplaces or office, buildings, schools , churches, restaurants, cinemas, malls, public wash rooms, bars internet shops, public markets, transportation terminals or public utility vehicles and other privately-owned places open to public.
Harassment could also be gender-based online sexual harassment which includes acts that use information and communications technology in terrorizing and intimidating victims through physical, psychological and emotional threats, unwanted sexual misogynistic, transphobic, homophobic and sexist remarks and comments online whether publicly or private messages, invasion of victim's privacy through cyber-stalling and incessant messaging, uploading and sharing without the consent of the victim, any form of media that contains photos, voice or video with sexual content, any unauthorized recording and sharing of any of the victim's photos, videos or any information online, impersonating identities of victims online or posting lies about victims to harm their reputation, or filing false abuse reports to online platforms to silence victims.
Gender-based sexual harassment in the workplace are any of the following:
An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication system, that has or could have a detrimental effect on the conditions of an individual's employment or education, job performance or opportunities;
A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communications systems;
A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient; Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
CHAPTER 4-PENAL PROVISIONS
ARTICLE XVIII
PENAL PROVISIONS
Section 71. Any person, natural or juridical, who violates any provision of this Code shall be meted a penalty of fine of Five Thousand Pesos (P5,000.00) or imprisonment of one (1) year, or both at the discretion of the Court.
CHAPTER 5-PROVISIONS FOR IMPLEMENTATION
ARTICLE XIX
OTHER PERTINENT PROVISIONS
Section 72. 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 73. Implementing Rules and Regulations. The GAD Office or unit or GAD Specialist in coordination with the City Legal Officer and GAD Council shall formulate the Implementing Rules and Regulations necessary to carry out the provisions of this Code within six (6) months from effectivity of this Code.
Section 74. 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 75. Effectivity Clause. This Ordinance shall take effect upon approval and after publication in the newspaper for three (3) consecutive weeks of general circulation.
ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 59th Regular Session held on 13 December 2023 at the SP Session Hall, 4th Floor City Commercial Center Building, Santiago District, Pagadian City.