ORDINANCE NO: 2024-572 Authored by: Ariel J. Lim Jr., M.D "AN ORDINANCE ADOPTING THE REVISED COMPREHENSIVE PROGRAM ON STI & HIV AND AIDS ADVOCACY, PREVENTION AND CONTROL, PROMULGATING POLICIES AND MEASURES THERETO, AND FURTHER PROVIDING FUNDS THEREFOR." WHEREAS, in 2021 there were approximately 38.4 million People Living with Human Immunodeficiency Virus HIV (PLHIV) globally. Of these, 1.5 million were newly-infected, while 650,000 people died from AIDS-related illnesses; WHEREAS, Region IX has reported a total of 1,772 HIV/AIDS cases from 1991 to the present, with 363 of these cases originating from our province, Zamboanga del Sur. Furthermore, out of the 363 cases, 164 are specifically from Pagadian City, constituting 45.18% of the recorded cases in Zamboanga del Sur, representing nearly half of the province's total reported cases. WHEREAS, within a brief period spanning from January to April 2023, the Zamboanga Peninsula reported a total of 145 HIV/AIDS cases. Among these cases, 41 originated from Zamboanga del Sur, accounting for 28.28% of the region's total HIV/AIDS cases. Furthermore, within the 41 HIV/AIDS cases recorded in Zamboanga del Sur, 19 were specifically identified within Pagadian City, contributing to 46.34% of the overall HIV/AIDS cases reported in Zamboanga del Sur. WHEREAS, despite the enactment of City Ordinance No. 2010-307, along with multitude of other measures implemented, the persisting problem still continues to rise; WHEREAS, the City of Pagadian recognizes the importance of comprehensive and accurate information about STIs, HIV, and AIDS to raise awareness, promote prevention, and reduce stigma and discrimination; WHEREAS, the City Government acknowledges the critical role of collaboration among local health agencies, Non-Governmental Organizations, community-based organizations, and other stakeholders in addressing the challenges posed by STIs, HIV, and AIDS; WHEREAS, the City of Pagadian aims to create an enabling environment that upholds the rights and dignity of individuals affected by STIs, HIV, and AIDS, ensuring their access to healthcare, social support, and protection against discrimination; WHEREAS, the City Government of Pagadian is committed to regularly evaluate and update policies, programs, and services related to STIs, HIV, and AIDS to ensure their effectiveness, responsiveness, and alignment with national and international guidelines; WHEREAS, the City Government recognizes that further addressing the challenges associated with STIs, HIV, and AIDS requires sustained commitment, resources, and the active participation of all sectors of society; NOW, THEREFORE, BE IT ORDAINED by the Sangguniang Panlungsod (14th City Council in session assembled that: ARTICLE I. GENERAL PROVISIONS SECTION 1. SHORT TITLE- This ordinance shall be known as the "Revised Comprehensive Program on STI, HIV, and AIDS Prevention and Control Ordinance of 2024;" SECTION 2. DECLARATION OF POLICIES and PRINCIPLES - The City recognizes that the enjoyment of the highest attainable standard of health is one of the fundamental human rights of every being without distinction as to race, religion, political belief, economic and social condition. 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. The following are hereby declared as the Policies and Principles of the City Government to wit: 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: Increase women's access throughout their life cycle to appropriate, affordable, and quality healthcare, information and related services; Strengthen preventive programs that promote women's health; Undertake gender-sensitive initiatives that address Sexually Transmitted Infections, and AIDS; Promote research and disseminate information on women's health; Increase resources and monitor follow-up for women's health. In 1992, Philippine National AIDS Council (PNAC) was established. It adopts a multisectoral approach in responding to the country's HIV and AIDS situation. Republic Act No. 11166 - "Philippine HIV and AIDS Policy Act" Article 1, New and Strengthened PNAC. It was developed to ensure operationalization and implementation of Age Medium Time Plan (AMTP). Article 2, Extended Scope of HIV Education. Education is aiming to reduce risky behaviors, lower vulnerabilities, promote human rights of PLHIV. Article 3, Preventive Measures, Safe Practices and Procedures. Preventing Mother to child transmission (MTCT). Standard precautions on the donation of blood, tissue or organ. Article 4, Screening, Testing and Counseling. Pre-test and post-test counseling as a pre-requisite for HIV testing. Compulsory HIV testing is prohibited. Article 5, Comprehensive Treatment, Care & Support Program for PLHIV's. Access to medical services, care & support program for prison and other closed setting facilities, health insurance and similar health services. Article 6, Confidentiality. Duty of employers, heads of government agencies, public/private schools or training institutions, local chief executives to prevent violations. Discriminatory Acts and Practices and Corresponding Penalties. Administrative Order No. 2017-0019, Guidelines on the conduct of HIV Testing Services in health facilities. Department Circular No. 2016-0171, Enhancing Linkage to Care of PHLIV. Administrative Order No. 2014-0005, Revised Policies & Guidelines for the Collaborative Approach in TB-HIV Prevention & Control. Administrative Order No. 2009-0016, Prevention of Mother to Child Transmission (PMTCT) of HIV. Administrative Order No. 2018-0024, Revised ART Guidelines for PLHIV and HIV-exposed infants. Department Memorandum No. 2018-0400, Directory of HIV Treatment Hubs and Primary HIV Care Facility. Department Memorandum No. 2019-0001, Guidelines for the Implementation of Rapid HIV Diagnostic Algorithm (rHIVda) Department Memorandum No. 2020-0276, Interim Guidelines on Community Based HIV Screening (CBS)/ Facility-based HIV Screening (FBHS). Department Memorandum No. 2020-0335, Updated lists of Facilities with rHIVda services as of July 2020. Department Memorandum No. 2021-0017, Interim Guidelines on Pre-exposure Prophylaxis (PrEP) for the prevention of HIV Infection in the Philippines. 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 and Violation Thereof" and its Amendatory Ordinances No.31, s. 1979 and No. 53, s. 1987. 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. In compliance with the provisions of the 1987 Philippine Constitution, Republic Act No. 11166 and other existing international, national and local laws and directives, efforts 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 its full development. SECTION 3. DEFINITION OF TERMS 3.1 Acquired Immunodeficiency Syndrome (AIDS)- a health condition where there is a deficiency of the immune system that stems from infection with Human Immunodeficiency Virus or HIV, making an individual susceptible to opportunistic infections. 3.2 Antiretroviral (ARV)- the treatment that stops or suppresses viral replications of a retrovirus like HIV thereby slowing down the progress of the infection. 3.3 Bullying- any severe or repeated use by one or more persons of a written, verbal or electronic expression, or a physical act or gesture, or any combination hereof, directed at another person that has the effect of actually causing or placing the latter of reasonable fear of physical or emotional harm or damage to one's property; creating a hostile environment for the other person; or materially and substantially disrupting the processes or orderly operation of an institution or organization. 3.4 Civil Society Organizations- groups of non-governmental and non-commercial individuals or legal entities that are engaged in non-coerced collective action around shared interests, purpose and values. 3.5 Community-Based STI/HIV Screening - voluntary testing for STI or HIV infection made available at the community level, which may be conducted through the initiatives of community- based peer educators or counselors. 3.6 Comprehensive Health Intervention for Key Populations- evidence-based policies, programs and approaches that aim to reduce transmission of HIV and its harmful consequences on health, social relations, and economic conditions. 3.7 Confidentiality of STI or HIV Status- the relationship of trust and created or existing between a patient or a person with HIV and his attending physician, consulting medical specialist, nurse, medical technologist and all other health workers or personnel involve in any counseling, testing or professional care of the former. It also applies to any person who, in any official capacity, has acquired or may have acquired such confidential information, such as peer educators, community-based counselors, school counselors, etc 3.8 Discrimination- unfair or unjust treatment that distinguishes, excludes, restricts, or shows preferences based on any ground such as sex, gender, age, sexual orientation, gender identity, economic status, disability, ethnicity, and STI/HIV status, whether actual or perceived, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercised by all persons similarly situated, of all rights and freedoms. This definition shall include discrimination against individuals undergoing STI/HIV related test regardless of the outcome of the test(s). 3.9 Entertainer- a person who is employed or working the entertainment establishments who render entertainment services to and/ or interacts with customers, such as Guest Relation Officer (GRO), dancers, masseuses, masseurs, cocktail waitress and other similar occupations. The term "entertainers" for the purposes of this ordinance, includes both registered and non-registered entertainers. 3.10 Entertainment Establishment- any establishment/businesses that employs people who render entertainment services to and/or directly interacts with customers, such as guest relation officer (GRO), dancers, masseuses, masseurs, cocktail waitress and other similar occupations. 3.11 Evolving Capacities of the Child- the concept enshrined in Article 5 of the Convention on the Rights of the Child recognizing the developmental changes and the corresponding progress in the cognitive abilities and capacity for self- determination undergone by children as they grow up, thus requiring parents and others charged with responsibility for the child to provide varying degrees of protection and to allow their participation in opportunities for autonomous decision-making in different contexts and across different areas of decision-making. 3.12 Gender Identity- each person's deeply felt internal and individual experience of gender that may or may not correspond with the sex assigned at birth, including the person's sense of the body, which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical and other means, and other expression of gender, including dress, speech, and mannerisms. 3.13 Gender-Responsive- the ability to substantively address gender issues identified through gender analysis of sex-disaggregated data and gender- related information. 3.14 Gender-Sensitive- the ability to recognize and acknowledge the differences in roles, needs, and perspective of women and men possible asymmetries in their relationship, and the possibilities that action or interventions will have different effects on, and results for, women and men based on their gender, but do not actively seek to address these issues. 3.15 Harm-Reduction - evidence-based policies, programs and approaches that aim to reduce transmission of STI or HIV and its harmful consequences on health, social relations and economic conditions; such policies or programs shall be harmonized and coordinated with policies and actions of pertinent agencies who implement related mandates whether local or national when actions are required to be undertaken in Pagadian City. 3.16 High-Risk Behavior - a person's frequent involvement in activities that increase the risk of transmitting or acquiring STI or HIV. 3.17 HIV negative- the absence of HIV or HIV antibodies upon testing. 3.18 HIV Positive- the presence of HIV or HIV infection as documented by the presence of HIV or HIV antibodies in the sample being tested. 3.19 HIV Testing - a facility- based, mobile medical procedure that is conducted to determine the presence or absence of HIV anti-bodies in a person's body. HIV testing is confidential, voluntary in nature and must be accompanied by counseling prior to, and after the testing and conducted only with the informed consent of the person. 3.20 HIV Transmission - the transfer of HIV from one infected person to an uninfected individual, through unprotected sexual intercourse, blood transfusion, sharing of contaminated intravenous needles, or which may occur during pregnancy, delivery or breastfeeding. 3.21 Human Immuno-Deficiency Virus (HIV)- the virus, of the type called retrovirus, infects cells of the human immune system, and destroys or impairs the cells function. Infection with HIV without treatment results in the progressive deterioration of the immune system, leading to immune deficiency. 3.22 Informed Consent - the voluntary agreement of a person to undergo or subjected to a procedure based on full information, whether such permission is written or conveyed verbally. 3.23 Key Affected Populations or Key Population- those groups or persons at higher risk to HIV exposure or affected populations whose behavior make them more likely to be exposed to HIV or to transmit the virus. 3.24 Minor- a person who is below 18 years old. 3.25 MSM- male persons who engage in sexual activity with members of the same sex, regardless of their gender identity. 3.26 Mature Minor Doctrine- the legal principle that recognizes the capacity of some minors to consent independently to medical procedures, if they have been assessed by qualified health professionals to understand the nature of procedures and their consequences, and to make a decision on their own. 3.27 Operator- the person who exercises direct control and supervision over employees in an entertainment establishment, regardless of who is named in the business permit or license to operate. 3.28 Outpatient HIV And AIDS Treatment (OHAT)- the benefit package for outpatient treatment of HIV and AIDS offered by PhilHealth. 3.29 Owner of Entertainment Establishment- the person or juridical entity who is registered as the owner of the establishment in the business permit or license to operate. 3.30 Pagadian City Multisectoral Council on STI, HIV and AIDS Prevention and Control (PCMC-SHAPC)- is a juridical multisectoral body headed by the Chief Executive, who is given the authority to designate the representative 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. 3.31 Reproductive Health and Wellness Center (RHWC) - this is the new name of the Social Hygiene Clinic in the Office of the City Health Department. 3.32 Pagadian City STI, HIV, and AIDS Prevention and Control Action Plan (Action Plan)- a five (5) year action and investment plan which includes the City's (1) strategies, activities and targets in addressing its STI, HIV and AIDS situation; (2) the budgetary requirement, source of funding and investment plan for each strategy/activity; and (3) the responsible department, office, or agency for the implementation of said strategies and activities 3.33 Partner Notification- the process by which the "index client", "source "or "patient", who has sexually transmitted infection (STI) including HIV, is given support in informing and advising the partner(s) who have been exposed to infection. Support includes giving the index client a mechanism to encourage the client's partner to attend counseling, testing and other prevention and treatment services. Confidentiality shall be observed in the entire process. 3.34 Peer Educator- a person trained by an accredited institution who, belong to the same community, gives support and education to co-workers and friends and to others with their same peer group. 3.35 Person Living with HIV (PLHIV)- an individual diagnosed to infected with HIV. 3.36 Persons with Disabilities (PWDs)- those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others. 3.37 Pre-Exposure Prophylaxis- the use of prescription drugs as a strategy for the prevention of HIV infection by the people who do not have HIV and AIDS. It is an optional treatment which may be taken by people who are HIV-negative but who have substantial, higher than average risk of contracting HIV infection. 3.38 Pre-Test Counseling- the process of providing an individual with information on biomedical aspects of STI, HIV, and AIDS and emotional and psychosocial support for implications of undergoing STI, HIV, testing and the test result itself, before the individual is subjected to the test. 3.39 Post-Exposure Prophylaxis - preventive medical treatment started immediately after exposure to pathogen (HIV) in order to prevent infection by the pathogen and the development of the disease. 3.40 Prophylactic- any agent or device used to prevent the transmission of an infection. 3.41 Service Delivery Network- the network of health facilities and other services providers within Pagadian City, offering preventive care services, treatment and other support services in an integrated and coordinated manner. 3.42 Sexual Orientation- each person's capacity for profound, emotional, affectional, and sexual attraction to and intimate and sexual relations with, individuals of a different gender, or the same gender or more than one gender. 3.43 Sexually Transmitted Infections (STI)- infections that are spread through the transfer of organisms from person one to another as a result of sexual contact. 3.44 STI, HIV, AIDS Counseling- the interpersonal and dynamic communication process between a client and a trained counselor, who is bound by a Code of Ethics and practice, to resolve personal, social, or psychological problems and difficulties, whose objective in counseling, in the context of STI or HIV diagnosis, is to encourage the client or explore personal issues, identify ways of coping with anxiety and stress, and plan for the future (keeping healthy, adhering to treatment, and preventing transmission); and in the context of negative STI or HIV result, to encourage the client to explore motivations, options and skills to stay HIV-negative. 3.45 STI, HIV, AIDS Counselor- any individual trained by an institution or organization accredited by the Department of Health or Pagadian City Health Department to provide counseling services on STI, HIV, or AIDS. 3.46 STI, HIV, and AIDS Monitoring and Surveillance - the documentation and analysis of the number of STI, HIV, and AIDS infections and pattern of its spread. 3.47 STI/HIV Testing Facility- any DOH-accredited on-site or mobile testing center, hospital, clinic, laboratory, and other facility that has the capacity to conduct voluntary STI or HIV counseling and testing. 3.48 STI Testing- any facility- based, mobile medical procedure, or community-based screening modalities that are conducted to determine the presence or absence of STIs. STI testing is confidential, voluntary in nature, must be accompanied by counseling prior to and after the testing, and conducted only with the informed consent of the person. 3.49 STI Transmission- the transfer of STI from one infected person to an uninfected individual, through unprotected sexual intercourse. 3.50 Stigma- the dynamic devaluation and dehumanization of an individual in the eyes of others, which may be based on attributes that are arbitrarily defined by others as discreditable or unworthy and which results in discrimination when acted upon. 3.51 Sundown Clinic - any Pagadian Health Facility, including Reproductive Health and Wellness clinics providing STI, HIV, and AIDS health care services, with operational hours extending up to twelve (12) midnight. 3.52 Treatment Hubs- private and public hospitals or medical establishments accredited by DOH to have the capacity and facility to provide treatment and care services to PLHIV. 3.53 Voluntary STI/HIV Testing- STI or HIV done on an individual who consents to the test, after having undergone pre-test counselling. 3.54 Vulnerable Communities- communities and groups suffering from vulnerabilities, such as unequal opportunities, social exclusion, poverty, unemployment, and other similar social, economic, cultural, and political conditions, making them more susceptible to STI or HIV infection, and to developing AIDS. 3.55 Workplace - the office, premise or work site where workers are habitually employed and shall include the office or place where workers, with no fixed or definite work site, regularly report for assignment in the course of their employment. ARTICLE II. INSTITUTIONALIZATION OF THE PAGADIAN CITY MULTISECTORAL COUNCIL ON STI, HIV & AIDS PREVENTION & CONTROL (PCMC-SHAPC) SECTION 1. Creation of the Council. There shall be a council to be known as 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. Chairperson, Sangguniang Panlungsod Public Order and Safety 4. Sectoral Representatives: (to be appointed by the City Mayor as the Council Chair from any of the following: 4.a. Government: City Health Office - RHWC, City Legal Office, City DILG, City Social Welfare & Development Office, Liga ng mga Barangay, City Permits & Licensing Office, City Planning & Development Office, City PNP, City Prosecutor's Office, City Administrator's Office, City Disaster's Risk Reduction Management Office, Department of Health 4.b. Non-Government Organization - Human Development & Empowerment Services; Kalambuan; Sabakan; Masidlakon 4.c. Civic Clubs - Pagadian Rotary Clubs; ZDS Eagles; PAGZLA, PAGAYSEA, Gender and development council 4.d. Education - City Division Department of Education; Association of Private Colleges 4.e. Media - Asenso Pagadian, One TV Philippines, Medialink 4.f. Medical Group - PMA, PAMET, PNA, IMAP, Chief of Hospitals (Gov't. & Private) 4.g. Youth - SK Federation, Red Cross Youth, Children based on NAPC (National Anti-Poverty Commission), Chairperson Parish Youth 4.h. Business & labor Sectors: PCCCFI, Chamber of Commerce, Chinese Chamber of Commerce, KTV Bars, Hotel & Restaurant Association, Lodging Inns, motels/pension house/massage clinic/SPA/barber shops/free lancers/ beach & mountain resorts, Pagadian Entertainment Association, Public employment service office 4.i. Religious Sector - Interfaith, City Ministries and Fellowship, Family & Life Apostolate, Priests, Imams, Pastors 4.j. Two (2) representatives from organization of PLHIVs 4.k. 54 Barangay's Chair on Committee on Health 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 especially STI, HIV and AIDS. SECTION 3. Council Functions and Responsibilities. Develop and regularly review a Pagadian City STI, HIV, and AIDS Prevention Action Plan, in collaboration with relevant government agencies, CSOs, the PLHIV community, and other stakeholders. Ensure the operationalization and implementation of the Action Plan. Strengthen collaboration between government agencies and CSOs involved in the implementation of the Pagadian City STI, HIV and AIDS, Prevention and Control Program under this Ordinance and Action Plan, including the delivery of HI V and AIDS related services. Develop and ensure implementation of guidelines and policies necessary for the implementation of this ordinance. Monitor the progress of the response to the City's STI, HIV, and AIDS situation and actively seek good practices from all stakeholders. Monitor the implementation of the Pagadian STI, HIV, and AIDS Prevention and Control Action Plan, undertake mid-term assessments, and evaluate its impact every five (5) years. Mobilize source of funds for the implementation and evaluation of the Action Plan. Direct and requires members to conduct monitoring and evaluation in all of the HIV-related programs, policies, and services, undertaken within their respective mandates, and to submit an annual report. Coordinate, organize, and work in partnership with foreign and international organizations regarding funding, data collection, research, and prevention and treatment modalities on STI, HIV and AIDS, and ensure that foreign-funded programs are aligned to the national plan and response. Advocate for policy reforms to congress, PNAC, and the Pagadian City Council and other government agencies or departments to strengthen the city's response to the STI, HIV and AIDS situation. Submit an annual accomplishment/progress report to the Local Health Board and Local HIV AIDS Council. Identify gaps in the city's response on the part of government agencies and its partners from the civil society and international organizations in order to develop and implement the initial intervention required to address such gaps. Recommend policies and programs that will institutionalize or continue the interventions required in addressing the gaps identified in the city's response to the STI, HIV, and AIDS situation. Ensure that all members of the council have developed and are implementing individual STI, HIV, and AIDS Control work plans, which are anchored on, and contribute to the Action Plan. Provide health care services and antibody test to entertainers and those with similar occupation on a voluntary regular basis. Conduct periodic public information, education and communication activities on the promotion of health prevention and control of STI, HIV and AIDS. SECTION 3. Meetings and Quorum. The PCMC-SHAPC shall meet at least twice a year, at any venue within the City. The presence of the Chairperson, Co - Chairperson or Vice Chairperson and at least ten (10) permanent members of the PCMC-SHAPC shall constitute a quorum to do business, and a majority vote of those present shall be sufficient to render decisions. Secretariat - The PCMC-SHAPC shall be supported by the Pagadian City Health Office, serving as Secretariat, members of which shall be appointed by the Department Head. SECTION 4. PAGADIAN CITY STI, HIV, AIDS PREVENTION AND CONTROL PLAN. Within six (6) months from the effectivity of this Ordinance and every five (5) years thereafter, the PCMC SHAPC shall develop a PAGADIAN STI, HIV, AIDS Prevention and Control Action Plan. Content - The Action Plan shall encompass a comprehensive approach, and shall include the following: Interim targets; Strategies; Activities; Projected outcomes; Expected outputs; Estimated budget and funding source; Responsible office, person, or organization; Monitoring and evaluation plan; and Timeline Evaluation - The PCMC-SHAPC shall evaluate the Action Plan every three (3) years and update the same as needed. SECTION 5. LEAD AGENCY. - The Pagadian City Health Office shall be the agency primarily responsible for the implementation of this Ordinance and the City's STI, HIV, AIDS prevention and control program. SECTION 6. PAGADIAN CITY STI, HIV, AIDS WORKING GROUP. Mandate - The Pagadian City STI, HIV, AIDS, Working Group shall be responsible for ensuring the implementation of the Action Plan. The Pagadian City STI, HIV, AIDS, Working Group shall be responsible for reporting any bottlenecks in the Service Delivery Network, operational challenges, and recommended strategies. Such report shall also include reports of inaction of members of the Pagadian City STI, HIV, AIDS Working Group or any other department or agency within the Pagadian City, responsible for implementing any aspect of this Ordinance or the Action Plan. Composition - the Pagadian City STI, HIV, AIDS Working Group shall be composed of the following: Pagadian City Health Office - Chairperson Gender and Development Council - Vice Chairperson City Social Welfare and Development Office Liga ng mga Barangay City Budget Office City Accounting Office City Planning Office Other offices that may be identified as needed. The Pagadian STI, HIV, AIDS Working Group may, if necessary for the efficient implementation of the Pagadian City STI, HIV, AIDS Prevention and Control Program and Action Plan, call on the participation of other offices, NGOs, experts and private entities with respect to technical matters within their expertise. SECTION 7. SERVICE DELIVERY NETWORK The lead agency through the Pagadian City STI, AIDS, HIV, AIDS Working Group, shall be responsible for establishing and expanding an integrated, efficient and functioning STI, HIV and AIDS Service Delivery Network, to enable access to health services, health insurance, social services and livelihood assistance, legal services and other services to ensure the well-being of PLHIV's affected families, intimate partners and their children, key affected populations and vulnerable communities. Coverage- the service delivery network shall include, but shall not be limited to: Health services such as STI and HIV Testing Facilities, reproductive health and wellness clinics, treatment hubs, STI and HIV counselling/counsellors; Legal services such as the Public Attorney's Office, Integrated Bar of the Philippines, and Other Legal Aid Clinics; Dispute relation and mediation services; Law Enforcement Services such as The Pagadian City Department of Public Order and Safety and the Pagadian City Police Department; Mental health services such as psychiatric facilities, peer educator and institutional counsellors; and Social services such as care and support hotline, support groups, livelihood assistance, housing assistance, etc. Process mapping- within six (6) months from the effectivity of this ordinance and every 3 years thereafter, the Pagadian City STI, HIV, AIDS Working Group shall develop a process map of all services available within the Service Delivery Network and access thereto, ensuring that processes for accessing such services are clear and free of unnecessary or burdensome requirements. Directory - within one (1) year from the effectivity of this ordinance, the lead agency shall issue and distribute a directory of the entire SDN and make same available through the Pagadian City Government website. SECTION 8. BUSINESS CONTINUITY AND DISASTER RESILIENCY The PCMC-SHAPC shall establish a business continuity and disaster resiliency plan to ensure the continuity of services during national or local emergencies or calamities. The business continuity and disaster resiliency plan shall include the creation of a rapid response task force, rapid response service delivery network, and other mechanisms to ensure the continuity of prevention, treatment, care and other support services. It must be aligned and incorporated in the Minimum Intervention Package of the Disaster and Risk Reduction Management for Health (DRRM-H) Plan. SECTION 9. REPRODUCTIVE HEALTH AND WELLNESS CENTER The services offered by the Reproductive Health and Wellness Center as established under Pagadian City Ordinance No. 2010-307, shall be modified to further enhance its effectiveness in promoting reproductive health and well-being of the patients. Provide reproductive health care service exclusively to its clientele; Administer pre and post-test counselling before any examination is considered; Advocate for appropriate spiritual formulation of the clientele; Provide education and information dissemination activities on the promotion of reproductive health, prevention and control of STI, HIV, AIDS; RHWCs shall further provide the following services: Medical consultation; STI diagnosis and treatment; HIV counselling and testing; STI, HIV, AIDS education; Demonstration of proper condom usage; Distribution of condoms and lubricants; Hepatitis B testing and treatments; Vaccinations (Hepatitis B, flu and pneumonia); HPV Vaccination Anti-Retro Viral therapy; Laboratory Services; Gram stain Rapid plasma Treponema Pallidum Hemagglutination Assay HIV rapid testing HBSg screening Wet mounts KOH mounts Urinalysis CBC DSSM/Gene expert Rapid HIV diagnostic algorithm And other services as may be specified by the Lead Agency. Equipment - The Lead Agency shall procure equipment necessary to ensure that RHWs are able to provide a comprehensive package of interventions for STI, HIV, AIDS Control, Prevention, and Treatment. The Lead Agency shall ensure that all equipment in RHWCs are complete and up to date. Staffing of RHWCs - Within six (6) months the Pagadian City Health Department, subject to the approval of PSAC, shall submit a staffing rationalization plan for RHWCs and sundown clinics to the Pagadian City Council. Contractual Workers- when the demand for services necessitates, the RHWC may request for additional contractual workers who shall be hired on a temporary basis, for the purpose of meeting the increase in demand as a result of enactment and implementation of this Ordinance. PSAC shall issue guidelines on the hiring of additional contract workers and their regularization when needed. SECTION 10. CAPABILITY BUILDING, INSTITUTIONAL DEVELOPMENT, AND STRESS MANAGEMENT. All offices within the Pagadian City Department are mandated to develop and implement capability building, institutional development activities on STI, HIV, AIDS Prevention and control. In addition, offices providing STI, HIV, AIDS Services shall provide legal literacy training, sensitivity training for dealing with minors and key affected populations, and stress management activities for its frontline service providers. SECTION 11. PARTNERSHIP BUILDING WITH CIVIL SOCIETY ORGANIZATIONS AND PRIVATE SECTOR. The PCMC-SHAPC shall engage civil society organizations and private sector in developing and implanting the City' STI, HIV, and AIDS Action Plan to ensure their meaningful participation, and efficient utilization of resources. PSAC shall likewise establish mechanisms to enable the City Government and private sector to partner with civil society organizations, especially organizations representing KAPs and vulnerable communities, to enable their sustained participation in STI, HIV, AIDS Prevention and Control. SECTION 12. APPROPRIATION. The sum of Two Hundred Thousand Pesos Only (P 200,000.00) shall be appropriated out of the City GAD funds to cover expenditures to fund projects mentioned in this ordinance and of which One Hundred Thousand Pesos (P 100,000.00) 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 III. BEST PRACTICES SECTION 1. HUMAN RIGHST AND EVIDENCE BASED BEST PRACTICES. - The City Government shall develop, promote, and adopt a range of measures and interventions that aim to prevent, halt, or control the spread of STI and HIV in the general population, especially among the key populations and vulnerable communities. In so doing, all departments, office, and personnel shall observe the following in promoting and adopting STI, HIV, AIDS Prevention and Control strategies: Protection Of Human Rights - The City's response to the STI, HIV, and AIDS situation shall be anchored on the principles of human rights and human dignity. All measures and interventions adopted shall be aligned with internationally-recognized human rights and standards. Right to information - Access to up-to-date, accurate, and science- based information on STI, HIV, and AIDs is deemed part of the constitutional right to health. Non-discrimination - The City Government shall ensure the delivery of non-discriminatory STI, HIV and AIDS Prevention and Control services. Evidence-Based Decision Making - The City Government shall ensure that policies and interventions adopted to respond to the STI, HIV, and AIDS situation shall be evidenced based. Where necessary, the City shall endeavor to conduct research in order to assess proposed interventions, or evaluate existing interventions. SECTION 2. AWARDS AND RECOGNITION. The City Government shall establish or include in the existing award and recognition system best practices and initiatives of the Barangays, the Sangguniang Kabataan, and Private institutions on STI, HIV, and AIDS Prevention and Control program and the City's Vision Zero goal such as, but not limited to, the Barangay Seal of Good Housekeeping and the SK Seal of Good Youth Governance. The City Government shall also recognize and award the Barangay to which Barangay has the highest total number of tested constituents as monitored by the City Health Office. ARTICLE IV. STI, HIV, AND AIDS ADVOCACY, PREVENTION AND CONTROL SECTION 1. INFORMATION, EDUCATION, COMMUNICATION AND OTHER COMMUNITY-BASED INTERVENTIONS. Social Marketing on STI and HIV Prevention and Control and Government Services - The Lead Agency in coordination with other relevant departments within the City Government, CSOs, and other stakeholders, shall develop a STI, HIV, and AIDS information, education, and communication campaign, with the goal of encouraging safer sex practices, reducing risky behavior, lowering vulnerabilities, eliminating stigma and discrimination, and promoting human rights of PLHIVs. The campaign shall include a social marketing campaign intended to raise awareness among the general public, and a social marketing campaign that considers the specific needs of key affected populations and vulnerable communities. Peer Education and Counselling - The Lead Agency shall establish a Peer Education Program as a strategy to effect behavior change and empower communities and key affected populations to adopt changes that support risk reduction, prevent HIV transmission, and increase uptake of services among key populations including those in close settings. Government Peer Educators- The Lead Agency shall ensure that there are peer educators available or accessible in all Reproductive Health and Wellness Centers, and STI and HIV Testing Facilities and Treatment Hubs and Barangays. Training for institutional peer educators and volunteers- The Lead Agency, in coordination with Civil Society Organizations (CSOs), shall provide free accreditation training for institutional peer educators provided under Article IV, Section 1, and other volunteer peer educators. Institutional Participation in STI, HIV and AIDS Prevention and Control- Barangays - All Barangays within Pagadian City are mandated to develop and implement an STI, HIV, and AIDS Prevention and Control Policy which shall include, among others: The designation of Pagadian City Health Office - trained peer educator or focal person who may be a Barangay Health Worker, Gender and Development (GAD) focal person, or such other official of the Barangay designated to provide counseling and facilitate access to STI, HIV, and AIDS services; The establishment of condom access point; Accessible and visible Information, Education, and Communication (IEC) on STI, HIV, and AIDS Awareness; and Mandatory sensitization training for all officials and employees of the Barangay. The Barangay shall include its STI, HIV, and AIDS Prevention and Control Policy in its Barangay Development Plan and Annual budget. Schools, Colleges, and Universities - all schools, colleges and universities within Pagadian City are mandated to develop and implement an STI, HIV, and AIDS Prevention and Control Policy, which shall include, among others: Age-appropriation, culture-sensitive, and gender-responsive comprehension sexuality education, with modules on STI, HIV, and AIDS Prevention and Control; STI, HIV, AIDS awareness and sensitization training for all school officials, professors, teachers, employees, administrators and student government, and parent-teacher associations; The designation of a Pagadian City Health Department- trained peer educator and/or counselor who shall provide counseling and facilitate access to STI, HIV, and AIDS services; Accessible and visible IEC on STI, HIV, and AIDS Awareness; Parent counseling on STI, HIV, and AIDS Prevention and Control, and Government Services. Provided that, if development and implementation of STI, HIV and AIDS Prevention and Control Policy is not appropriate or feasible, a special design module on STI, HIV, and AIDS Prevention and Control Policy shall be made. Flexibility in the formulation and adoption of appropriate course content, scope and methodology in each educational level or group shall be allowed after due consultations with Parent-Teachers and Community Associations (PTCAs), Private Schools Associations, school officials and other interest groups. Entertainment Establishment - All registered entertainment establishments, hotels, motels, lodging inns, pension house, saunas, massage/spa clinics, wellness centers, traveler's inn, barber shops, and registered entertainment establishments and the like within Pagadian City, regardless of the number of the employees, shall develop and implement STI, HIV and AIDS policy, subject to the approval of the Lead Agency, an STI, HIV, and AIDS Prevention and Control Policy. Failure to submit an approved STI, HIV, and AIDS Policy within six (6) months from the date of issuance of the Business Permit shall be ground for denial, suspension or revocation of the business permit. The policy shall include, among others: Designation of Pagadian City Health Department-trained peer educator and/or counselor; STI, HIV, and AIDS Prevention and Control training for all employees; Accessible and visible IEC on STI, HIV, and AIDS Awareness; Annual STI, HIV, and AIDS sensitization training for officers and upper management; Make condom use a requirement for customers other than legally married couple be included in the policy Only 18 years old and above may be allowed 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 company of their parents who, upon registration must show proof of valid identification to such effect be included in the policy and; Anti-discrimination policies and redress mechanisms. Government Offices - the Pagadian City Health Department shall develop and implement an STI, HIV, and AIDS Prevention and Control Policy to be implemented in all departments and offices of the Pagadian City Government. The policy shall include, among others: Designation of a Pagadian City Health Department-trained peer educator for each department or office; STI, HIV, and AIDS Prevention and Control training for all employees; Accessible and visible IEC on STI, HIV, and AIDS Awareness; Anti-discrimination policies and redress mechanisms. Hotels, Motels and Transient Houses - all hotels, motels, and transient houses, shall ensure that there is a condom-access point within its premises and that its location is made known to the guest. Prisons and Other Closed Settings -prisons, rehabilitation centers, and other closed setting institutions within Pagadian City shall require all its officers and employees to undergo sensitization training on risk or health condition assessment. Manpower, Recruitment and Placement Agencies - all Manpower, Recruitment and Placement Agencies operating within the Pagadian City shall provide an STI, HIV, and AIDS Prevention and Control seminar for all the overseas workers prior to the deployment, at no cost to the worker. Department of Public Order and Safety, Pagadian City Police Department, and other Law Enforcement Agencies Operating in Pagadian City - the Pagadian Department of Public Order and Safety, Pagadian Police Department, and other Law Enforcement Agencies operating in Pagadian City shall require all its enforcers to undergo sensitization training and training on risk or health condition assessment. All STI, HIV, and AIDS Prevention and Control Policies required in this provision shall be submitted to the Lead Agency for approval. The PCMC-SHAPC shall develop guidelines for the referral of detained PLHIVs to ensure continuation of treatment. SECTION 2. RULES REGARDING COMPULSORY STI, HIV AND AIDS EDUCATION AND ATTENDANCE TO SEMINARS BY THE CONCERNED SECTORS AS IDENTIFIED IN THIS SECTION. 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 RHWC, PCMC SHAPC and other City accredited NGOs, otherwise NO PERMIT TO OPERATE shall be granted to the concerned registered entertainment for violation thereof. Protection of confidentiality- The confidentiality and privacy of any individual who has been tested for, exposed to, found positive for STI, HIV, or AIDS-related illnesses, or was treated for AIDS-related illnesses, or has obtained STI, HIV, and AIDS preventive, treatment, care or support services shall be guaranteed. The following acts violate confidentiality and privacy and are punishable under this ordinance: Disclosure of confidential STI, HIV, and AIDS Information - it shall be unlawful to disclose, without written consent, information that a person has STI, HIV, or AIDS, has undergone STI or HIV test or related test, has STI or HIV. It shall also be unlawful to disclose, without written consent, information that a person has accessed STI, HIV, or AIDS preventive, treatment, care, and support services. The prohibition shall apply to any person, natural or juridical, including those whose work or function involves the implementation of this ordinance or the delivery of STI or HIV- related services, including those who handle or have access to personal data or information in the workplace, and other institutions named in Article IV, Section 1 (c) of this Ordinance, and who, pursuant to the receipt of the required written consent from the subject of confidential STI, HIV, and AIDS information, have been subsequently granted access to the same. Media Disclosure- It shall be unlawful for any editor, publisher, reporter or columnist in case of printed materials, or any announcer or producer in case of television and radio broadcasting, or any producer or director of films in case of the movie industry, or any other individual or organization in case of social media, to disclose the name, picture, or any information that would reasonably identify persons living with STI, HIV, and AIDS or any confidential STI, HIV, and AIDS information without the prior written consent of their subjects. The provision shall likewise apply to online and/or social media disclosure. EXCEPTIONS: Confidential STI, HIV, and AIDS information may be released by testing facilities without consent of their subjects, only in the following instances: When complying with reportorial requirements of the national active passive surveillance system of the DOH; provided that, the information related to a person's identity shall remain confidential; When informing other health workers directly involved in the treatment or care of a PLHIV; provided that, such worker shall be required to perform the duty of shared medical confidentiality; and When responding to a subpoena duces tecum and subpoena ad testificandum issued by competent court with jurisdiction over a legal proceeding where the main issue is the STI, HIV, and AIDS status of the individual; provided that, the confidential medical record, after having been verified for accuracy by the head of the office of the department, shall remain anonymous and unlinked, and shall be properly sealed by its lawful custodian, and delivered to the court, and personally opened by the judge; provided further that, the judicial proceedings be held in executive session pursuant to section 45 of Republic Act No. 11166 or the "Philippine HIV and AIDS Policy Act". Protection Against Discriminatory Acts and Practices- The following discriminatory acts and practices shall be prohibited: Discrimination in the Workplace- Rejection of job application, termination of employment, or other discriminatory policies in hiring, provision of employment and other related benefits, denial of promotion or assignment of an individual solely or partially on the basis of actual, perceived, or suspected STI or HIV status; Discrimination in Learning Institutions- Refusal of admission, segregation, imposition of harsher disciplinary actions, or denial of benefits or services of a student or a prospective student solely or partially on the basis of an actual, perceived, or suspected STI or HIV status; Restriction on Travel and Habitation - Restrictions on travel within Pagadian City, refusal of lawful entry into Pagadian City, or the quarantine or enforced isolation of travelers solely or partially on account of actual, perceived, or suspected STI or HIV status; Restrictions on Shelter - Restrictions on housing or lodging, whether permanent or temporary, solely or partially on the basis of actual, perceived, or suspected STI or HIV STATUS; Prohibition from Public Participation - prohibition on the right to seek an elective or appointive office, or from voting, solely or partially on the basis of actual, perceived, or suspected HIV status; Exclusion from Credit and Insurance Services - Exclusion from HMO, health, accident, or life insurance, or credit on loan services, including the extension of such loan or insurance facilities of an individual solely or partially on the basis of actual , perceived, or suspected STI or HIV status, or risk of exposure to STI or HIV, provided that, the PHLIV or person living with STI, has not concealed or misrepresented the fact to the insurance company or loan or credit service provider upon application; Discrimination in Hospitals and Health Institutions - Denial of health services, or being charged with a higher fee, on the basis of actual, perceived or suspected HIV status, or risk of exposure to STI or HIV; Denial of Burial Services - Denial of embalming and burial services of a deceased person who had STI, HIV, and AIDS or who was known, suspected, or perceived to be STI, or HIV-positive, or had high risk of exposure to STI or HIV; Act of Bullying- bullying in all forms, including name -calling, upon a person based on actual, perceived, or suspected STI or HIV status, including bullying in social media and online medium; and Similar Discriminatory Acts - Other similar or analogous acts which are intended, or have the effect of nullifying or impairing the recognition, enjoyment or exercise by all persons similarly situated, or all rights or freedoms, on the basis of actual perceived, or suspected HIV status, or risk of exposure to STI or HIV, or acts intended to heighten stigma against PHLIV or persons living with STI, or key affected populations. Redress Mechanism for Discrimination, Bullying and Violation of Confidentiality - The Lead Agency shall establish redress mechanisms for discrimination, bullying, and violation of confidentiality, which shall include, among others, a confidential hotline for reporting violations, investigation and mediation mechanisms, and access to free legal assistance whenever appropriate. The Lead Agency, in coordination with the City Legal Department and relevant civil society organizations shall provide free legal literacy training on discrimination, bullying, violation of confidentiality and other legal rights and protections afforded to PHLIV and persons living with STI. Sensitization Program - Sensitization trainings designed to reduce stigma and discrimination shall be included in institutional STI, HIV and AIDS Prevention and Control Policies mandated under Article IV Section 1 (c) of this Ordinance. SECTION 15. BIOMEDICAL INTERVENTIONS FOR PREVENTION AND CONTROL - The Lead Agency shall procure, distribute, and monitor the usage of a range of biomedical interventions for the prevention and control of STI, HIV and AIDS, and ensure that supplies are sufficient to meet the demand based on current levels and projections of prevalence among the general and most at-risk populations. The PCMC-SHAPC shall issue guidelines on the distribution of different biomedical interventions. The Lead Agency shall ensure that appropriate biomedical interventions are available and accessible. These biomedical interventions shall include: Condoms and Water-based Lubricants Government offices, and other public institutions - The Lead Agency shall ensure that free condoms and water-based lubricants are available and accessible to public. Provided that, distribution of condoms to minors shall be subject to parental consent. Private institutions - For private institutions, condoms access shall be in accordance with the approved STI, HIV, and AIDS Prevention and Control Policy, provided that, entertainment establishments shall provide free condoms to its customers, and provided further, that, hotels, motels, and transient homes shall include the price of condoms, if not free, in its room charges. Retail Establishments - Retail establishments that offer condoms for sale are prohibited from refusing to sell said condoms on the ground of religion, age, gender, sexual orientation, marital status, or any other circumstances other than being of minor age, ability to pay or a legitimate suspicion of a violation of the Anti-Sexual Trafficking Law. Pre-exposure Prophylaxis (PrEP) and Post-Exposure Prophylaxis (PEP) - The PCMC SHAPC shall issue guidelines on the distribution of pre and post-exposure prophylaxis. It must be ensured that free PrEP and PEP are available for the most at-risk populations, including children born of PLHIV mothers, sex workers, and indigent MSM. The PCMC-SHAPC shall likewise ensure that PrEP and PEP are available at treatment hubs, Reproductive Health and Wellness Centers, and other City-owned health facilities. Emerging Technologies and other Medications - The Lead Agency may, subject to the approval of PSAC, request for the procurement of other biomedical interventions upon a determination that said intervention has been proven to be safe, effective, and efficient for STI, HIV, and AIDS Prevention and Control. ARTICLE V. STI, HIV, AND AIDS TREATMENT, CARE, AND SUPPORT SECTION 1. INFORMATION, EDUCATION, AND COMMUNICATIONS CAMPAIGN ON STI, HIV, and AIDS TREATMENT, AND OTHER SERVICES. - The Lead Agency shall develop and implement an IEC campaign to raise universal awareness of, and increase access to, available, medically-safe, legally affordable, effective and quality STI, HIV, and AIDS treatment, and care and support services. The EIC campaign shall include information on the processes and requirements for accessing services, as well as information on the rights and responsibilities of PLHIV undergoing treatment. SECTION 2. MISINFORMATION. - Any misinformation on the STI, HIV, and AIDS shall be strictly prohibited. Misinformation includes false misleading advertising and claims in any forms of media, including traditional media, internet and social platforms, and mobile applications; or the promotional marketing of drugs, devices, agents or procedures without prior approval from the DOH through the FDA and without the requisite medical and scientific basis, including markings and indications in drugs and devices or agents claiming to be cure or fail-safe prophylactic for STI or HIV infection. SECTION 3. STI, HIV, AND AIDS TREATMENT, CARE, AND SUPPORT- The Lead Agency shall ensure that a comprehensive package of STI, HIV, and AIDS treatment, care, and support services are available and accessible. Treatment- The Lead Agency shall monitor the usage of a range of STI, HIV, and AIDS treatment modalities, and ensure that supplies are sufficient to meet the demand based on current levels and projections of prevalence among the general and most at-risk populations. These treatment modalities shall include upon availability, but shall not be limited to: Anti-Retroviral therapy Medicines and vaccines for STI and other opportunistic infections, subject to OHAT limits; CD4; Viral load (HIVRNA); and Viral load machines and cartridges. Care and Support Services - The Lead Agency shall ensure and facilitate a comprehensive and differentiated package of STI, HIV and AIDS care and support services, that is relevant, available, and accessible. These care and support services shall include, but shall be limited to: Case management; Regular counseling and check-up; Legal assistance and mediation in case of discrimination, bullying, and other prohibited acts; Psychosocial counselling and other mental health services; Temporary shelter for PLHIV; Follow- counselling in case of deferred enrollment; Referral for transferees; PLHIV or STI support groups and confidential support hotline; and Other services The Lead Agency may conduct research and testing of various care and support strategies to increase enrollment and adherence to treatment. Access treatment, Care and Support Services- The Lead Agency shall endeavor to ensure that treatment, care, and support services are accessible, regardless of age, indigence, and other socio-economic circumstance that may prevent access. Free Services - The PCMC SHAPC shall develop and issue guidelines on access to free STI, HIV, AIDS services, subject to OHAT limits. The Lead Agency shall ensure that persons seeking treatment are guided on all free treatment, care and support services that are available to them. Health facilities are prohibited from denying access to available treatment or refusing to make a referral to another health facility. Treatment, Care and support for Minors - Health workers and social workers dealing with a minor PLHIV shall provide counseling psychosocial support to encourage the minor to disclose his/her parents' or guardians' consent to, and support for treatment. In the event that the parents refuse treatment despite exerting efforts to encourage treatment, or there is reasonable ground to believe that the minor, in seeking the parents' consent, will be placed in danger, the minor may be referred to the legal department for legal assistance in seeking emancipation, or change in guardianship. Treatment, Care, Support Services for Persons Deprived of Liberty (PDL) in Prisons and Other Closed Settings - The PCMC SHAPC, in coordination with detention facilities, prisons, other closed settings within Pagadian City shall develop guidelines to ensure that STI, HIV, and AIDS treatment is available to PDL. The Lead Agency shall be responsible for providing training to law enforcement officers operating within the Pagadian City to ensure that PLHIV that are detained for any violation of law, are referred for continuity of treatment of all stages, from detention to imprisonment to release. ARTICLE VI. PROHIBITED ACTS SECTION 1. PROHIBITED ACTS IN ENTERTAINMENT ESTABLISHMENTS. The following acts and activities are strictly prohibited within all entertainment establishments operating within the jurisdiction of Pagadian City: Promotion of High-Risk Behaviors: Hosting or promoting activities, shows, or performances that encourage high-risk sexual behaviors or the exchange of bodily fluids that may lead to the transmission of STIs, HIV, or AIDS. Any form of explicit entertainment or shows that endorse unsafe sexual practices. Discrimination and Stigmatization: Discriminating against or stigmatizing individuals who are living with HIV or AIDS. Refusing entry or service to patrons based on their HIV or AIDS status. Failure to Display Information: Neglecting to prominently display educational materials on STIs, HIV, and AIDS prevention within the establishment. No entertainment establishments shall practice any of the following prohibited acts: Offering entertainment that appeals exclusively to the prurient interests of people and therefore must be in accordance with the entertainment for public and general patronage as provided for by the Revised Penal Code; Allowing presentation of lewd shows and other entertainment activities that degrades the status of women or men and violates generally accepted standards of the community on morals, decency and obscenity. Facilities such as private entertainment rooms with locks and window glass 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. Tolerating the activities of pimps or any person soliciting money for sexual favors. 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 lewd show shall likewise be penalized. Any operator/manager of entertainment establishments found violating any labor law shall be penalized. Children, unauthorized women and minors may be apprehended by any authorized public official or any government office found within an entertainment establishment. No operator/owner/manager can dismiss or penalize an entertainer by reason of rejection of a client. Any person who shall insist to stay in an establishment when he/she has been requested to leave by reason of exhibiting behavior contrary to public norms may be penalized under this ordinance. Clientele should be made aware of their rights to file charges for abuses committed against them. No minor shall be allowed to enter a registered entertainment establishment. No person shall be allowed to enter a registered entertainment establishment in the company of a minor. Provision for the welfare of minors. No registered entertainment establishment shall be allowed to hire any minor. ARTICLE VII. PROTECTION OF STI, HIV, AND AIDS SERVICE PROVIDERS SECTION 1. CARING FOR CARERS. - The PSAC shall develop programs and policies to ensure that STI, HIV, and AIDS Service Providers, especially health workers, social workers, case managers, and peer educators, are given adequate protection from mental and stress disorders brought about by their work. SECTION 2. LEGAL LITERACY. - The Lead Agency, in coordination with the City Legal Department and CSOs; shall provide literacy training for STI, HIV, and AIDS Service Providers on their right and duties as STI, HIV, and AIDS Service Providers, gender, human rights, and relevant laws, and on the various legal remedies and legal assistance services available to them to seek redress for violation of their rights. SECTION 3. PROTECTION FROM HARASSMENT. - STI, HIV, and AIDS Service Providers, including peer educators, shall be protected from suit, arrest or prosecution for civil, criminal, or administrative liability on the basis of their delivery of services and the legitimate exercise of their functions under this Ordinance. The Lead Agency shall endeavor to provide STI, HIV, and AIDS Service Providers with Legal assistance, through legal service providers in the SDN, for cases filed against them for the legitimate exercise of their duties. This legal assistance shall not be extended in case it is alleged and confirmed upon investigation that the STI, HIV, and AIDS Service Provider acted with gross negligence, or in violation of the Anti- Graft and Corruption Practices Act, Republic Act No. 11166, or this Ordinance. ARTICLE VIII FINES AND PENALTIES SECTION 1. FINES AND PENALTIES FOR PROHIBITED ACTS - Without prejudice to prosecution under Republic Act No. 11166, the following fines and penalties shall be imposed on a person who commits the following prohibited acts under this Ordinance: Violation under Article IV, Section 3,4,5,7,8 of this Ordinance, shall upon conviction, suffer the penalty of a fine in the amount of Five Thousand Pesos (Php5,000.00), or imprisonment of one (1) to two (2) months subject to the Court's discretion. Violation of Confidentiality- A person who violates confidentiality of a person's STI or HIV status, shall upon conviction suffer the penalty of a fine in the amount of Five Thousand Pesos (Php5,000.00), or imprisonment of one (1) to two (2) months subject to the Court's discretion, without prejudice to the filing of an action to suspend or revoke his/her professional license in the appropriate administrative proceeding. Discriminatory Acts and Practices - A person who commits any of the discriminatory acts and practices, shall upon conviction, suffer the penalty of a fine in the amount of Five Thousand Pesos (Php5,000.00), or imprisonment of one (1) to two (2) months subject to the Court's discretion, without prejudice to the filing of an action to suspend or revoke his/her professional license in the appropriate administrative proceeding. Misinformation - A person who provides false information as provided under Article V, Section 2 of this Ordinance, shall upon conviction suffer the penalty of a fine in the amount of Five Thousand Pesos (Php5,000.00), or imprisonment of one (1) to two (2) months subject to the Court's discretion, without prejudice to the filing of an action to suspend or revoke his/her professional license in the appropriate administrative proceeding. Any entertainment establishment found in violation of any provision outlined in Article VI shall upon conviction, suffer the penalty of a fine in the amount of Five Thousand Pesos (Php5,000.00). In case of a juridical person, the foregoing fines and penalties shall be imposed on the directors and officers of the juridical person committing the prohibited act. The Lead Agency shall, at the request of the victim, refer the victim to legal services within the Service Delivery Network for assistance in filing cases under Republic Act No. 11166. SECTION 2. ADMINISTRATIVE FINES AND PENALTIES. - Administrative Fines for Juridical Persons for Prohibited Acts - The business permit of a corporation or business shall be revoked and the business ordered closed: In case of failure of a corporation or business to remedy or act upon any of the violations committed under Section 1 of this Article; Upon a finding that a person committed a violation committed under Section 1 of this Article as a result of a policy, written or unwritten of the corporation or business where he/she is employed; or Upon a finding that the violation committed under Section 1 of this Article was committed at the instance of the director, officer, or stockholder of such corporation or business, and despite complaint, said business or corporation pursued the decision. Administrative Fines for Failure to Provide Access to Condoms in Hotels, Motels, and Transient Houses and Entertainment Establishments - The following administrative fines shall be imposed upon the failure to Provide Access to Condoms in Hotels, Motels, and Transient Houses, Entertainment Establishments and the like: First Offense - Warning and Citation ticket. A citation ticket/Ordinance Violation Receipt shall be issued. The establishment shall have fifteen (15) days to establish a condom access point system. Second Offense - Final Warning and Fine. A citation ticket/Ordinance Violation Receipt shall be issued with the fine in the amount of Three Thousand Pesos (Php3,000.00). The establishment shall have ten (10) days to establish a condom access point system. Third Offense - Revocation of Business Permit and a citation ticket/Ordinance Violation Receipt shall be issued with the fine in the amount of Five Thousand Pesos (Php5,000.00). Administrative Fines for Failure to Develop and Implement and Approve STI, HIV, and AIDS Prevention and Control Policy - The following administrative fines shall be imposed upon the failure to develop and implement an approved STI, HIV, and AIDS Prevention and Control Policy under Article IV, Section 1 of this Ordinance. Private Institutions - The business permit of a business or corporation required to develop, submit, and implement an STI, HIV, and AIDS Prevention and Control Policy shall be revoked or the application denied, in case of failure to submit such policy within six (6) months of the issuance of the business permit, subject to compelling reasons or force majeure, which may be detailed in the IRR. Administrative Fines for Refusal to Make a Referral - The following administrative fines shall be imposed upon a person who refuses to make a referral under Article IV, Section 2 (d) of this Ordinance: Private Institutions - The business permit of business or corporation that refuses to make a referral shall be revoked; Public Institution, Government Offices and Barangays - The refusal to make a referral shall be ground for the filing of administrative cases for violation of Republic Act No. 6713 or the Code of Conduct and Ethical Standards for Public Officials and Employees, as appropriate. SECTION 3. TRANSITORY PERIOD. - The PCMC SHAPC shall ensure that sufficient information, education, and communications campaign has been conducted prior to the Imposition of penalties under this ordinance. Business Establishment shall have period of three (1) year to comply with the provisions of this Ordinance. Within this transitory period, no penalties shall be imposed against businesses for failure to comply with the provisions of this Ordinance provided that, the Office of the City Mayor is authorized to grant incentive to recognize businesses that comply with this Ordinance within this transitory period. ARTICLE IX. FINAL PROVISIONS SECTION 1. REPEALING CLAUSE. - Ordinance No. 2010-307 and all existing ordinances, rules and regulations or part thereof which are inconsistent with the provisions of this ordinance, are hereby deemed repealed or modified accordingly. SECTION 2. SEPARABILITY CLAUSE. - If for any reason, any provision of this Ordinance is declared unconstitutional or invalid, the remaining provisions not affected thereby shall continue to be in full legal force and effect. SECTION 3. IMPLEMENTING RULES AND REGULATIONS. - The PSAC shall be responsible for issuing the guidelines and policies necessary for the implementation of this Ordinance. Other provisions of this ordinance not requiring additional implementing guidelines or policies shall take effect immediately. SECTION 4. Effectivity. - This Ordinance shall take effect fifteen (15) days after its publication in the newspaper of general circulation in Pagadian City for three (3) consecutive weeks and upon posting in at least two (2) conspicuous places. ENACTED AND APPROVED by the Sangguniang Panlungsod (14th City Council) during its 83rd Regular Session on 17 July 2024 at the SP Session Hall, 4th Floor City Commercial Center (C3), Santiago District, Pagadian City.