Republic of the Philippines

Province of Bukidnon
CITY OF MALAYBALAY
*
*
*
Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 11TH REGULAR SESSION FOR CY 2010 OF
THE FOURTH SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY,
BUKIDNON, HELD AT THE SP SESSION HALL ON JUNE 8, 2010.
PRESENT:

Hon. City Councilor Victor P. Aldeguer

Hon. City Councilor Manuel L. Dinlayan
Hon. City Councilor Melchor P. Maramara, Temporary Presiding Officer
Hon. City Councilor Amado C. Estrada
Hon. City Councilor Aurora F. Deticio
Hon. City Councilor Jaime P. Gellor
Hon. City Councilor Glorio D. Sajulga

ABSENT :

Hon.
Hon.
Hon.
Hon.

Business)
Business)

City
City
City
City

Vice Mayor Ignacio W. Zubiri

Councilor Bob T. Casanova
Councilor Conrado M. Barroso
Councilor Clarita C. Carbajal (Official

Hon. City Councilor Fernando O. Melendez (Official

Hon. City Councilor Niko P. Aldeguer
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RESOLUTION NO. 10573(B) - 2010

A RESOLUTION ENACTING AN ORDINANCE PROVIDING FOR A GENDER AND
DEVELOPMENT CODE OF THE CITY OF MALAYBALAY, PROVINCE OF
BUKIDNON AND FOR OTHER PURPOSES.
WHEREAS, Republic Act No. 7192 provides for the Integration of Women as
Full and Equal Partners of Men in Development and Nation Building and for other
purposes;
WHEREAS, it is incumbent for every local governance to provide for the
mainstreaming
of
gender
concerns
in its development undertakings and provide interventions and enabling mechanisms
that would allow women to participate in the development agenda/process through
their deliberate involvement in the programs/projects of implementing agencies;
WHEREAS, the women sector should be provided with adequate protective
measures against all forms of exploitations and be equally provided with cultural,
economic and social opportunities to uplift their status and make them active
development partners;
NOW, THEREFORE, on motion of HON. AURORA F. DETICIO, unanimously
seconded;
BE IT RESOLVED, as it is hereby resolved, to enact the following Ordinance:
Ordinance No. 689
Series of 2010

AN ORDINANCE PROVIDING FOR A GENDER AND DEVELOPMENT CODE OF

MALAYBALAY CITY, PROVINCE OF BUKIDNON AND FOR OTHER PURPOSES.
CHAPTER I - TITLE AND GENERAL POLICY
SECTION 1. Title. This Ordinance shall be known as the Gender and
Development Code of Malaybalay City.
SECTION 2. Declaration of Policy and Principles of the Local
Government of Malaybalay City. It shall be the policy of the Local Government of
Malaybalay City to uphold the rights of women and the belief in their worth and
dignity as human beings. Women shall be recognized as full and equal partners of
men in development and nation building and men shall share equally with all forms
of productive and reproductive activities.
The Local Government of Malaybalay City shall actively contribute to the
establishment of a national and international economic order, based on sustained,
equitable growth and balance ecology. And that any development efforts it
undertakes, should enhance womens full potentials, uplift their status and lead to
the improvement of their quality of lives, their families and that of their communities.
Towards this end, the Local Government of Malaybalay City shall pursue and
implement vigorously gender responsive development policies, design and integrate
gender and development support system, taking into considerations womens
immediate economic survival with support for their efforts of empowerment and selfdetermination, and to adopt and implement measures to protect and promote their
rights.
TO ATTAIN THEIR FOREGOING POLICY:
1. Thirty percent of the Official Development Assistance funds received from
foreign governments and multilateral agencies and organizations \shall be set
aside and utilized in accordance with the provision of RA 7192, otherwise
known as Women in Development and Nation Building Act, by the Local
Government departments and agencies of Malaybalay City concerned to
support programs and activities for women.
2. All Local Government departments and agencies of Malaybalay city shall
ensure that women benefit equally and participate directly in the development
programs and projects of said departments and agencies, especially those
funded under official foreign development assistance, to ensure the full
participation and involvement of women in the development process,
pursuant to RA 7192.
3. All government project proposals shall ascertain the inclusion of gender
responsive indicators and guidelines, while not be remiss in locating the root
of womens oppressions, pursuant to the United Nations Declarations of
which the Philippine government is signatory.
4. All Local government departments and agencies of Malaybalay City upon
effectivity of this Code, shall review and revise all their regulations, circulars,
issuances and procedures to remove gender bias therein, and shall complete
the same within two years.

5. The Council for Women of Malaybalay City, as provided under Section 30

Article II, Chapter II, Book I of this Code, shall be actively consulted in matters
dealing with official development assistance or foreign aid so as to determine
gender biases and implications on women.
ARTICLE I
Related Principles
SECTION 3. Rights of Women Defined. Women Rights are the rights of women
that re defined and declared by the United Nations under Convention on the
elimination of Discrimination Against women (CEDAW), which we hereby adopt
as follows:
a. Women have the right to the prevention of, and protection from all forms of
violence and coercion against their person, their freedom, their sexuality,
and their individuality.
b. Women have the right to freely and fully participate individually or
collectively in the political processes of their communities and nations.
c. Women have the right to the means of assuring their economic welfare
and security.
d. Women have the right to the necessary knowledge and means for the full
exercise of their reproductive choice in accordance to the constitution and
their beliefs and preferences.
e. Women have the right to choose a spouse in accordance with their values
and preferences, maintain equality in marriage or its dissolution, and
obtain adequate support rearing and caring for their children.
f. Women have the right to an adequate, relevant and gender-fair education
throughout their lives, from childhood to adulthood.
g. Women have the right to adequate nutrition and proper health care.
h. Women have the right to humane living condition.
i. Women have the right to nurture their personhood, collectively and
individually, to ensure an image of themselves as whole and valuable
human beings, to build relationships based on respect, trust and mutuality.
j. Women have the right to equality before the law in principle as well as in
practice.
Section 4. Gender, Development, Discrimination, Commodification Explained:
Gender is a socially constructed difference between men and women.
Differences are created artificially, partly through socialization and through positive
and negative discrimination in the various institutions and structures of society.
Development is the improvement of the equality of life of all regardless of
age, sex gender, tribe, race, creed and religion. It is characterized by an enrichment
of Filipino indigenous resources, sustainable utilization of the natural resources of
the country and freedom from dependency. It is therefore, sustained, equitable
growth and balanced ecology.

Discrimination Against Women - any distinction, exclusion or re

striction made on the basis of sex has purpose or effect of impairing or nullifying the
recognition, enjoyment or exercise by women of their rights irrespective of their
marital status.
Commodification of Women is a practice which puts women in
subordinate situation which results in the treatment of women as both consumers
and objects. As consumers, women are allured to buy beauty products to enhance
their physical attractiveness. As objects of consumption, women are reduced to a
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.
CHAPTER II DEVELOPMENT CONCERNS
Article I
Violence Against Women
SECTION 1. Violence Against Women Defined any act of gender-based
violence that results in, or is likely to result in, physical, sexual or psychological harm
or suffering to women, including threats of such act, coercion or arbitrary deprivation
of liberty, whether occurring in public or private life.
SECTION 2. Violence against women shall include but is not limited to:
a. Physical, sexual and psychological violence occurring in the family and other
close relationships, including battering, sexual abuse of female children in the
household, dowry-related violence, marital rape, female genital mutilation and
other traditional practices harmful to women, non-spousal violence and
violence related to exploitation.
b. Physical, sexual and psychological violence occurring within the general
community, including rape, sexual abuse, sexual harassment and intimidation
at work, in educational institutions and elsewhere, trafficking in women and
forced prostitution.
c. Physical, sexual and psychological violence perpetrated against women and
condoned by the Sate, wherever it occurs.
d. Violations of the human rights of women in situations of armed-conflict, in
particular murder, physical and psychological torture, systematic rape, sexual
slavery and forced pregnancy.
e. Forced sterilization and forced abortion, coercive/forced
contraceptives, prenatal sex selection and female infanticide.

use

of

f. To buy or sell a woman or any of her body parts for profit.

g. Feminization of poverty, which is regarded as a condition when gap between
the rich and the poor widens and grassroots women bear the brunt as in
economic instability and unequal distribution of wealth. Such gap reinforces
non-response to both practical and strategic inertest of women.
SECTION 3. Sexual Abuse Defined. Sexual abuse shall include but is not
limited to the following:
1. When a man inserts or attempts to insert his penis into the mouth or anus of a
woman under any of the following:
a. through force, threat or intimidation;

b. by means of abuse of authority or relationship;

c. when the offended party is deprived of reason or is otherwise unconscious;
d. when the offended party is below twelve years old, even though none of
the above circumstances is present.
2. When a person who inserts part of his or her body other than the sexual
organ, or who introduces any object or instrument into the genital or anus of a
woman under any of the situations stated in paragraph 1.
3. When a person subjects another to have sexual intercourse with an animal
under any of the circumstances stated in paragraph 1 or through any
abnormal, unusual or ignominious sexual act.
4. Any intentional contact however slight of ones penis to the genital mouth,
breast or anus of a woman 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.
5. Sexual abuse in intimate marital relations. Forced sexual act committed under
intimidate or marital relations shall form part of sexual abuse such as those
married or unmarried, between man and women, woman and man, man and
man relations.
SECTION 4. Battering Defined a series of physical, emotional and
psychological abuse. It is repeated and habitual cyclic pattern as means of
intimidation and imposition of the batterers will and control over the survivors life.
Battering constitutes the following kinds of behavior but is not limited to:
a.

Sexual Battering this includes physical attacks of on the womans

breast/genitals or forced sexual activity, accompanied by either physical
violence or threat of physical violence.

b.

Psychological Battering this includes threats of suicide, violence

against the woman or her family, punching, breaking or defacing or
otherwise destroying the house or any part thereof; or of the personal
belongings of a woman, threatening to take the children away, threatening
deportation of wife with foreign citizenship, threatening to kidnap children
or take them to foreign country and forcing the victim to do degrading
things; controlling the victims lawful or usual activities, the use of foul and
insulting words or statements and threats of abandonment and expulsion
such as forcing the wife to leave the conjugal dwelling. This provision shall
likewise apply to common-law relations but does not include adulterous
ones as contemplated in the Revised Penal Code.

c.

Economic Battering this includes deprivation of women of economic

resources, their generation and mobilization so as to create dependency
and submissiveness to men and to any established structures of
domination.

SECTION 5. Trafficking in Women Defined is a covert or overt recruitment of

women into the sex trade industry. It includes new forms of sexual exploitation such
as sex tourism. The recruitment of domestic labor to work in developed countries,
and organized marriages between women from third world countries and foreign
nationals, promoting or initiating a system in which women become movable
properties and objects of exchange.
Trafficking of women shall include the following but is not limited to:

a.

For any persons association, cult, religion or organization or similar entities

to commit the following acts:
-

establish or carry on a business for the purpose of matching women

for marriage to foreigner either on a mail order basis or through
personal introduction or cyberspace.

advertise, publish, print or distribute, or cause the advertisement,

publication, printing or distribution of any brochure, flyer or
propaganda material calculated to promote the above-mentioned
prohibited acts for profit or advantage.

solicit, enlist or attack/induce any woman to join any club, association

or organization whose objective is to match women for marriage to
foreigners either on a mail-order basis or through personal introduction
or cyberspace or any forms which facilitate the act of solicitation.

use the postal services, cyberspace or satellite TV to promote the

above-mentioned prohibited acts.

b.

To buy or sell a woman, or any of her body parts for profit; or to use her
body by any pretext; to be used for experiments, research or the like
without her consent.

c.

To act as a procurer of a sex worker.

d.

To threaten or use violence and force a woman to become a mail-order

bride.

SECTION 6 Mail Order Bride Defined It is a practice where woman establish

personal relations with male-foreign national via mail or similar means upon
recruitment by an individual or agency for the purpose of exploiting women in guise
or marriage.
SECTION 7. Sexual Harassment Defined. It is a form of misconduct involving
an act or a series of unwelcome sexual advances, requests for sexual favors or
other verbal or physical behavior of a sexual nature, made directly, indirectly or
impliedly.
SECTION 8. Other Forms of Sexual Harassment Other than the definition
provided by RA 7877 the following constitute sexual harassment some of which are
covered by the Revised Penal Code under Acts of Lasciviousness;
1. persistent telling of offensive jokes such as green jokes or other
analogous statements to someone who finds them offensive or
humiliating.
2. taunting a person with constant talk about sex and sexual innuendoes;
3. displaying offensive or lewd pictures and publications in the workplace;
4. interrogating someone about sexual activities or private life; during
interviews for employment, scholarship grant or any lawful activity
applied for;
5. making offensive hand or body gestures at someone;

6. repeatedly asking for dates despite verbal rejection;

7. staring or leering maliciously;
8. touching, pinching or bushing
unnecessarily or deliberately;

up

against

someones

body

9. kissing or embracing someone against her will;

10. requesting sexual favors in exchange for a good grade, obtaining a
good job or promotion, etc.
11. cursing, whistling or calling a woman in public with words having dirty
connotations or implications which tend to ridicule, humiliate or
embarrass the woman such as puta, boring, peste, etc.
12. any other unnecessary acts during physical examinations.
13. requiring women to wear suggestive or provocative attire during
interviews such as job hiring, promotion, admission.
SECTION 9. Pedophilia Defined. Pedophilia which is a form of sexual
perversion where children are the preferred victims is defined under the following
circumstances:
a. when the offender shall have sexual intercourse with a girl;
b. when the offender shall have intercourse with the boy or a girl.
SECTION 10. Prohibition of Printing, Publication, Display and
Distribution of Pornographic Scenes on Movie/TV Trailers/Shows, Posters,
Billboards and other Materials and Similar Literature. It shall be unlawful for any
person to print, publish, display or distribute pornographic scenes on movie/TV
trailers/shows, posters, billboards, literature and other visual materials which treat
women as sex objects and commodities.
SECTION 11. Pornographic and Indecent Shows. Indecent shows as used
in this Code include nude or other provocative gestures which further project and
exhibit women as sex objects.
Any person or agency who engages in shows depicting women as sex
objects in private or in public place or under scandalous circumstances shall violate
womens right.
SECTION 12. Liveshows. It shall be a violation of womens rights to influence
or force a woman or girl-child to dance or to do naked shows in public or private
places for commercial or entertainment purposes.
SECTION 13. Comprehensive Support to Women-Survivors of Violence.
The Local Government of Malaybalay City shall provide a comprehensive support to
women-survivors of violence consist of but not limited to the following:
a. immediately conduct an investigation within 24 hours;
b. provide for counseling and medical services for the offended party;
c. gather evidence for the arrest and prosecution of the offenders;
d. make a report of his/her investigation and, on the basis of the offended
partys testimony and additional evidence, if any, endorse the same to

the proper prosecution office within 36 hours from time of filing,

regardless of his/her evaluation of the case;
e. the investigation officer of the examining physician, if possible of the
same sex as the offended party, ensures that only persons expressly
authorized by the later are allowed inside the room where the
investigation or medical or physical examination is being conducted;
f. womens victims survivor of all forms of violence shall be registered in
a community-based psychological program that shall assist the women
in holistically re-building and empowering themselves;
g. all investigation/hearing involving rape cases and other forms of
violence against women conducted in the police stations, prosecutors
office and the trial courts shall recognize the survivors social support
group as expressly allowed or requested by the offended party;
h. a temporary shelter with appropriate support services for women in
crises shall be appropriately constructed under the management and
supervision of the City Social Services and Development Office.
SECTION 14. Psychosocial Program It is an intervention using a system
approach to condition of women as it views differentiated needs in a social context..
SECTION 15. Survivors Support Group Defined . It is an organized group
of women to whom a woman-survivor of violence voluntarily agrees to establish a
professional helping process.
SECTION 16. Support Services for Women in the Entertainment
Industry, Entertainment Industry Defined. Includes establishments identified as
places of amusements as defined in the Local Tax Code of Malaybalay City.
Other places of Amusement include all other places of amusement not
especially enumerated or otherwise provided for in this Ordinance, including but not
limited to night clubs or day clubs, cocktail lounges, super or family/gardens, fast
food centers showing sports competitions or replay shows by direct hook up satellite
or those showing video cassette films/movies, beach resorts, and other places of
amusement where one seeks admission to entertain himself whether by seeing or
viewing or by direct participation.
The local Government of Malaybalay City shall provide socio-economic
support services for women in the entertainment industry in its desire to concretely
respond to their practical needs.
SECTION 17. Free Medical Routine Check-up.
Women in the
entertainment industry shall be afforded with free medical routine check-up and
medicines if needed.
SECTION 18. Prostitution as a Violation of Womens Rights. Prostitution
shall be recognized as a violation of human rights and exploitation of women who
have no real choices for survival.
SECTION 19. Malaybalay City Media Monitoring Board. The Malaybalay
City Media Monitoring Board shall be created for print, broadcast, and other forms of
media and media outlets to include movie shops, electronic communications, cable
televisions, books and other form of audio-visual channels or instruments, to monitor
and initiate filing of appropriate charges against the initiators of activities and
authors, editors and dissemination of materials that degrade women.

SECTION 20. Creation of Women Complaints Relation Section (WCRS)

and Appointment of WCRS Officer. The Local Government of Malaybalay City
shall create the WCRS and appoint WCRS Officer in all police stations in
Malaybalay City to specifically handle concerns of women.
SECTION 21. Special Training for Members of the Lupong Tagapayapa.
A special paralegal training along gender questions and related matters for members
of the Lupong Tagapayapa shall be conducted.
SECTION 22. Womens Desk. The Malaybalay City Government shall
establish and maintain womens desk preferably police women officer who shall
undergo special courses on handling cases affecting abused women, and shall
utilize the services of the legal consultant of the City.
SECTION 23. Creation of Multi-Disciplinary and Multi-Sectoral
Coordinating Council on Violence Against Women, Children / Family Violence.
A Multi-Disciplinary and Multi-Sectoral Coordinating Council on VAWC and Family
Violence shall be created by the Local Government of Malaybalay City in
coordination of existing Women NGO engaged in program against VAWC, a
mechanism for identification, assessment and intervention with a design protocol:
a)

VAWC victim maybe/shall be accompanied/escorted by any

barangay official/police officer from the place of incidence to the City
Health Office within office hours or to the Bukidnon Provincial Hospital
after office hours and during weekends and holidays for medical services;

b)

Severe cases shall be referred directly to the Bukidnon Provincial

Hospital (BPH) for immediate medical intervention;

c)

VAWC victims shall be attended to immediately by either the

Bukidnon Hospital or City Health Office. Wherever the VAWC victims go,
they will be provided assistance;

d)

City Health Office will assist VAWC victims within Malaybalay to

include those who are victimized within the City;

e)

If the incident did not happen in Malaybalay City, the victim shall be
referred to the Bukidnon Provincial Hospital (BPH);

f)

All incidence of VAWC occurring within the respective municipality

shall be attended to by the respective Municipal City Health Officer.
Severe cases shall be referred directly to the nearest Bukidnon Provincial
Hospital for immediate medical intervention;

g)

In the event VAWC victims go to the Philippine National Police (PNP)

Women and Children Protection Desk, the officer shall refer the victim to
the CHO or BPH, depending on the severity of the case or where the
crime was committed;

h)

All VAWC referral cases shall be indorsed using the standard referral
form (hereto attached, as appendix A);

i)

Financial Assistance shall be provided to VAWC victims of

Malaybalay City through the City Social Welfare and Development Office
(CSWDO);

j)

After care services shall be provided by the CSWDO for cases

needing further protective services and residential care;

k)

In case the City Health Officers who have the capacity to issue
Medical Certificates are not available, the victims shall be referred to the
BPH.

SECTION 24. Inter-Agency Council Against Trafficking. An inter-Agency

Council Against Trafficking shall be established in Malaybalay City with the following
powers and functions:
a)
b)

Formulate a comprehensive program to suppress the

trafficking of women and children;
conduct massive information campaigns;

c)

undertake guidance and counseling to women going abroad

as fiances of foreign nationals;

d)

make representative to schools and universities for their

inclusion of migration and its implication for women in all levels of
curricula;

e)

refer traffic victims to appropriate agencies;

f)

formulate program for returning victims in cooperation with

local offices of DOLE, TESDA and other government agencies involved
in training and livelihood development;

g)

secure assistance from any of the local government units,

departments or bureaus of the national development;

h)

exercise all powers and functions necessary to attain its

purposes and objectives.
ARTICLE II
Political and Public Sphere of Women

SECTION 25. Observance of March 8 as International Womens Day as

Declared by the United Nations. March 8 of every year shall be observed as
International Womens Day. Activities for and by women shall be initiated in all
barangays during its womens day to increase the level of awareness and critical
consciousness on issues affecting them. There shall be an issuance of an Executive
Order declaring March 8 as a special public holiday in the City.
SECTION 26. Womens Summit/Congress. There shall be City Wide
Womens Summit/Congress to be held within the first week of March every other
year.
SECTION 27. International Day of Action for Womens Health. It shall be
caused the celebration of the International Day of Action for Womens Health on May
28 where issues and concerns relative to the protection and promotion of Womens
Health shall be examined, deliberated, projected and for which government action
shall be sought.

SECTION 28. Organizing Women in the Barangay Level. There shall be

established Womens organization in the barangay and reorganization every two (2)
years. It shall organize a City Women President among the 46 Barangay Women
Presidents and shall likewise be presented at the council under the City Social
Welfare and Development Office.
SECTION 29. Creation of District/City Council for Women. It shall be
organized a council of women at the legislative district level. An executive order shall
be issued by the City Mayor in creating the City Womens Coordinating Council and
shall become a member of the GAD Advisory Council for its planning and
programming, programs implementation, monitoring assessment and evaluation of
womens programs and projects.
SECTION 30. Election of Sectoral Representative for Women to the
Sangguniang Panlungsod.
Subject to the implementing rules that maybe
promulgated by Congress or any duly designated authority of the government and in
accordance with RA 7160, a Sectoral representative for women shall be elected to
the Sangguniang Panlungsod as Concrete recognition of the significant role of
women in local governance.
SECTION 31. Representative of Women in Local Social Bodies. It shall
ensure that women are duly represented in the City Development Council and all
local special bodies in the City and barangay levels to strengthen government
recognition of womens potentials in the formulation and planning of local
development programs.
SECTION 32. Peace Based on Justice. The network of women GOs and
NGOs shall be formally consulted on peace and development issues on the basis of
social equity and justice.
SECTION 33. Women in Law Enforcement Positions. All qualified women
shall be given an opportunity to assume key law enforcement positions.
ARTICLE III
Cultural Identify of Women
SECTION 34. Indigenous and Moro Women of Malaybalay City. The
preservation of the cultural identity of the Indigenous and Moro shall be actively
incorporated in all programs and projects of the Local Government of Malaybalay
City
SECTION 35. Culturally-Appropriate Schools. There shall be accessible
and culturally appropriate schools for Indigenous and Moro people in Malaybalay
City.
SECTION 36. Declaration of Indigenous and Moro Peoples Areas. A
survey of Indigenous and Moro peoples areas in Malaybalay City shall be
undertaken within two years upon the effectivity of this Code which shall become a
basis for the declaration of the Indigenous and Moro Peoples areas.
SECTION 37. Integrated Development Program for Indigenous and Moro
Women. The Local government of Malaybalay City shall develop a program that
shall facilitate empowerment of the Indigenous and Moro women, Active support for
the preservation of the indigenous womens knowledge of the environment shall be
incorporated in the program.

SECTION 38. Orientation on Sexual Harassment. All local offices,

agencies, and establishments or companies, government or private in Malaybalay
City shall conduct orientation on sexual harassment. Certificate of compliance shall
be submitted to the Integrated Gender and Development Office.
SECTION 39. Setting-up of Grievance Machinery. A grievance committee
shall be set up in all local offices, agencies, establishments or companies to act on
complaints related to sexual harassments.
SECTION 40. Gender-Sensitive Physical Plant.
A physical plant
appropriate for a gender-sensitive environment shall be adopted by all offices,
agencies and establishments or companies which shall help prevent sexual
harassment, sexual abuse and other forms of maltreatment in the workplace.
SECTION 41. Tax Incentives for Business Entities.
The Local
Government of Malaybalay shall provide tax incentives to business entities:
a) any amount used for the establishment, maintenance and operation of the
child day care support system shall be tax-deductible;
b) annual tax credit per child regularly served for at least one year in the Center;
and
c) annual tax credit per woman extended with maternity leave benefits for
breastfeeding.
SECTION 42. Monitoring System for Labor Standards. A mechanism shall
be installed in the Integrated Gender and Development Office to monitor all offices,
agencies and establishments or companies violating Labor Code provisions and the
Provisions of this ordinance.
ARTICLE V
Health Right
SECTION 43. Budget for Women Health. A substantial portion of the health
budget of the City Government shall be allocated for Womens health and services.
SECTION 44. Upgrading of Health Care Delivery System. Quality health
care budget and services that is not discriminatory on account of their gender, age,
sex, creed, religion, and ethnicity shall be implemented in Malaybalay City.
SECTION 45. Reproductive Health Care Delivery, Reproductive Health
Defined. As defined in the International Conference on Population and Development
and World Health Organization and affirmed in Beijing conference reproductive
health is a state of complete physical, mental and social well-being and not merely
the absence of disease and infirmity in all matters relating to the reproductive system
and to its functions and processes, i.e, people are to have a satisfying and safe sex
life and have the freedom to decide it, when and how to do so.
Malaybalay City shall adopt the reproductive health care approach at all
levels of health care delivery. Such approach integrates many issues not previously
considered central to population; sexually; reproductive tract infection, gender power
relations and domestic violence and shall not be limited to family planning and child
bearing.
SECTION 46. Womens Control Over Their Bodies. Womens decision to
prevent and control pregnancy shall be given appropriate support and guidance by
all health professionals, private and public, at very minimal cost.

SECTION 47. Gender-Sensitive Crisis Intervention Unit. The Local

Government of Malaybalay City shall cause the establishment of a GenderSensitive Crisis Intervention Unit at all levels of health care, primary, secondary and
tertiary and shall provide service training to all heath and other allied personnel who
shall be assigned in this unit.
SECTION 48. Gender- Fair Approach to Pre-marital Counseling Program.
To review and redesign of the Pre-marital Counseling Program of the Local
Government of Malaybalay City shall be jointly undertaken by City Health Office and
the Malaybalay City Special Office on Childrens concerns and other concerned
agencies. Agencies involved shall adhere to the principle of children-fair pre-marital
counseling service.
SECTION 49. Strengthen Primary Health Care Delivery. In consonance
with the Department of Healths thrust, the Local Government of Malaybalay City
shall strengthen the Primary Health Care Delivery in the context of reproductive
health.
ARTICLE VI.
Education Right
SECTION 50. Promotion of Gender-Sensitive Curricula.. The schools in
Malaybalay City shall actively promote gender-sensitive professional school
counseling and career education programs to encourage females to pursue
academic and technical courses in order to widen their future career opportunities.
SECTION 51. Adult Education.
All women desiring to encourage
themselves in functional and practical shall enlist in adult education program which
shall be set up in all Barangays in Malaybalay City.
SECTION 52. Monitoring and Reporting of Stereotyped Portrayal of
Roles of Women and Men in Educational Materials. The GAD advisory council
shall coordinate closely with the City Division of Schools, Malaybalay Association of
Colleges and Schools and other network of schools in monitoring and reporting of
stereotyped portrayal of roles of women and men as projected in education
materials.
ARTICLE VII
Socio-Economic Benefits for women
SECTION 53. Increase Capital Assistance for Women.
All local
government departments and agencies engaged in socio-economic programs shall
increase their capital assistance and/or subsidy to women especially on land-based
projects using community bank approach.
SECTION 54. Access to Safe Water. All barangays in Malaybalay City shall
provide easy access to safe water supply. Appropriate systems shall be installed to
ease womens workload.
ARTICLE VIII
Rural Womens Rights
SECTION 55. Land for Women-Headed Households and Landless
Families. Idle lands shall be distributed to qualified women-headed households and
landless families interested and committed to till the land, upon issuance of the
memorandum of agreement between the parties concerned. Ownership of such land
shall be granted to women-headed households and landless families after ten years

of continues tillage. Support services shall be delivered by the Local Government of

Malaybalay City as part of the Memorandum of Agreement.
SECTION 56. Promotion of Land-Based Projects, Land-Based Projects
Defined. Are activities designed systematically in order to provide women the
opportunity to have full access and control over the maximum utilization of and other
indigenous resources.;
The Local Government of Malaybalay City shall promote and support landbased projects ensuring food security for rural women friendly and appropriate
technology instilling collectivism.
SECTION 57. Access to Science and Women-Friendly Alternative
Technology Education. The City Agriculture Office of the Local Government of
Malaybalay City in conjunction with the Department of Science and Technology and
other related line agencies shall establish a science and women-friendly alternative
technology center for rural women in each Barangay.
ARTICLE IX
Special Sectoral Concerns
SECTION 58. Special Education for Differently-abled Women-Differentlyabled Women Defined. Are women survivors of physical impairments and have
differentiated needs and potentials.
SECTION 59. Advocacy on Differently-abled Womens Rights Active
advocacy on the rights of differently-abled women shall be conducted by the
Integrated Gender and Development Office.
SECTION 60. Creative Employment Opportunities for Differently-abled
Women. The Local Government of Malaybalay City shall develop creative
employment opportunities for differently-abled women recognizing their differentiated
conditions and full potentials as human persons.
SECTION 61. Reporting of Caser of harassment Committed Against
Differently-Abled Women. The Local Government of Malaybalay City through its
Integrated Gender and Development Office shall require all barangays to monitor
and report cases of harassment committed against differently-abled women.
SECTION 62. Organization of Differently-abled Women. Each Barangay
shall create a committee of differently-abled women within the Barangay
Development Council in order to advance the interests of this special group of
women.
SECTION 63. Organization of elderly Women. Each barangay shall create
a committee of the elderly women within the Barangay Development Council in order
to advance the interests of this special group of women.
SECTION 64. Support Funds for the Elderly Women. Funds shall be
allocated to the psychological help for the elderly women to include emergency
assistance, routine physical check-up, social group work program and appropriate
socio-economic activities.
SECTION 65. Support to Women in Detention. Rights of all women
detainees shall be protected. a. Speedy trial of their cases shall be ensured by all
concerned; b. An appropriate program shall be designed to respond to their specific

needs and problems as detainees; and c. Separate structure and space for
detention and rehabilitation shall be provided.
SECTION 66. Respect for Womens Sexual Preferences. Womens right to
sexual preferences shall be respected and protected.
ARTICLE X
Women and children Support System
SECTION 67. Daycare Centers. The Local Government of Malaybalay City
shall ensure that Day Care Centers are set up in every barangay to free women from
other activities such as taking a job or going back to school without prejudice to the
Childrens Welfare Code.
SECTION 68. Parenteral Authority. The father and mother shall jointly
exercise Parenteral authority over the persons of their common children. In case of
disagreement, the couple shall consult their family counsel or shall bring the matter
before the Lupong Tagapamayapa for conciliation.
ARTICLE XI
Women and Children Support System
SECTION 69. Gender and Development Defined. Conscious efforts at
improving the quality of lives of women and men based on sustained, equitable
growth, and balances ecology. It sees society as a gender system in all its aspectseconomic, political and social. It views womens oppression in both the private and
public spheres. It sees women as agents of change, instead of mere recipients of
development assistance. It calls for structural change as well as reorientation of the
patriarchal culture.
SECTION 70. Gender-Sensitivity and Training. Gender Sensitization
Defined. It is an experimental and critical process or learning and unlearning by an
individual, female or male, of the causes and effects of the culturally determined
roles of women and men.
All schools, offices, establishments or companies, departments and agencies
of the Local Government of Malaybalay City shall be provided with gender
sensitivity orientation and training which shall equip them with theoretical and
practical knowledge on gender issues and concerns. Likewise, all establishments,
school colleges and universities shall develop assessment tools for gender biases.
SECTION 71. Active Support to Gender Studiers. A sufficient amount shall
be allotted to gender-related documentation and researches which shall form part of
Malaybalay Citys data-based program development.
SECTION 72. Popularization of gender-Fair Materials. There shall be an
active promotion and publication of gender-fair materials in popular forms in
Malaybalay City.
SECTION 73. Gender and Development Officer. A GAD focal person shall
be appointed to initiate gender and development program in the offices,
establishments, companies, departments, or agencies of the Local Government of
Malaybalay City in close coordination with the GAD Advisory Council and
Development and Human Resource Development.
SECTION 74. Integrated Gender-Sensitive and Environment-Friendly
Zonification Plan of Malaybalay City. An Integrated gender-sensitive and

environment-friendly Zonification plan of Malaybalay City shall constitute the

following but not limited to:
a. relocation of communities shall not deprive women of their sources to
livelihood.
b. Relocation sites shall not contribute to an increase in womens burden in
economic, home and social production.
c. Housing and industrial project sites shall be those unproductive lands
unsuitable for economic purposes.
d. Industrial center for light industry shall be placed in key districts of
Malaybalay City, while heavy industry shall be centralized in one district.
SECTION 75. Community-Based Environment Plans and Programs. Both
men and women shall participate in population control, zero-waste technology
development and management preservation of the forest, marine and aquatic
resources and indigenous reforestation with the due respect for the indigenous and
Moro Peoples culture and rights to self-determination.
SECTION 76. Gender-Sensitive Natural Resource-based Management
Programs. The Local Government of Malaybalay City shall engage itself in the
development of gender-sensitive natural resource-based management programs.
SECTION 77. Role of Women in Environment Impact Assessment of
Projects. The Local Government of Malaybalay City shall promote the active role of
women in environmental impact assessment of projects. Instruments for
environment impact assessment shall consciously determine sex-desegregated
data.
SECTION 78. Promotion of Appropriate Technology.
The Local
Government of Malaybalay City shall actively promote an alternative technology that
is appropriate and safe for women.
SECTION 79. Creation of Resource Management council. Each barangay
shall create resource management council which shall ensure promotion and
protection of ecological balance and full participation of women.
SECTION 80. Sufficient Budget for Basic Social Services. A sufficient
amount for the basic social services for women and children in extremely difficult
circumstances shall be allocated from all sources of funds.
SECTION 81. Investments and Loans.
The Local Government of
Malaybalay City shall hold consultative assemblies with women GOs and NGOs in
establishing contracts for loans and investments to clarify implications on womens
welfare and development at the barangay level.
SECTION 82. Overseas Contract Workers (OCW) Wives and Children
Support. The Local Government of Malaybalay City shall conduct at the barangay
level a survey of overseas contract workers, results of which shall serve as basis for
special support to women and children.
SECTION 83. Special Course on OCW. A special course on overseas
contract work, primarily to orient women on the issues and concerns relative to
migration shall be systematically introduced to all women especially at the barangay
level.

SECTION 84. Education on National Policies. Women and men shall

undertake education on national policies and their implications on women.
SECTION 85. Special Training for Lupong Tagapamayapa. A special
para-legal training for Lupong Tagapamayapa shall be conducted along gender
question and related matters.
SECTION 86. Gender-Sensitization as a Pre-requisite to employment
and Promotion. There shall be a gender-sensitive assessment to be conducted by
the Gender and Development Office to all concerned as a pre-requisite to hiring and
promotion of personnel.
SECTION 87. Gender an Population. The City Health Office shall review
and redesign the population program that it becomes not contraceptive-based but
reproductive health conscious.
SECTION 88. Training on Non-Traditional Occupation. Women shall be
given opportunity to acquire training on non-traditional occupation such as those
related to science and technologies.
BOOK II FINAL PROVISIONS
CHAPTER I PENAL PROVISIONS
ARTICLE I
Violence Against Women and Children
SECTION 1. Soliciting womens Services. It is unlawful for a persons to
solicit a womens service for sexual purposes as gift, representation, public relations,
or as an act of goodwill regardless of whether the solicitor profits or nor from such
act without prejudice to the provisions of the Revised Penal Code.
Any witness may file complaint together with the affected women to the
proper court. Penalty for such fined shall be P5, 000.00 or an imprisonment of one
year.
SECTION 2. Other Forms of Trafficking in Women. Any person or agency
who with the use of force or deceit, lures a woman to work abroad or in other
provinces or cities in the Philippines for a particular job on a promise of high fees,
but instead landed on prostitution, domestic help or other odd jobs. Violators of this
provision shall be penalized by an imprisonment of one year or a fine of P 5,000.00
or both, at the discretion of the court.
SECTION 3. Sex Trade. An agency or persons who shall engage in keeping
women for sex for a fee shall suffer the penalty in accordance with the Revised
Penal Code.
SECTION 4. Sex Tours. No hotels, resorts, sauna baths and related
establishments shall be allowed to operate as conduit for sex tours. Cancellation of
business permit, a fine of P 5,000.00 and an imprisonment of one year shall
constitute the penalty for violation.
SECTION 5. Beauty Contest. Beauty contest which tend to commodify
abuse, humiliate and treat women as sex objects shall strictly prohibited in schools,
communities, barangays and by the City Government in its especial celebrations, but
in their stead the projection of womens strengths and potentials, especially with
regard to indigenous and culturally-relevant forms shall be encouraged.

Those who initiated the conceptualization and implementation of the beauty

contest shall be subjected to a penalty consisting of the following:
For business organization:
a. Cancellation of business permit;
b. Fine of P5,000.00;
c. Others, as prescribed in the implementing rules and regulations
of this Code.
For representative of agencies, departments or units of the local government
of Malaybalay City:
a. suspension for one month without pay;
b. fine of P5,000.00;
c. Others as prescribed in the implementing rules and regulations
of this Code.
For educational institutions, charity or welfare organizations:
a. Cancellation of license to operate;
b. Fine P 5,000.00;
c. Others as prescribed in the implementing rules and regulations
of this Code.
SECTION 6. Fund Raising Initiative Defined. It refers to any activity,
whether in whole or in part, integrated in any raffle draw, benefit or disco dance,
premier showing prize, substitute for prizes won. A companion package for a award,
prize of recognition, or any manner,, activity, come-on display, or exhibition which
depicts a women as central, partial, or special focus in order to raise funds.
All fund raising initiatives as defined in this Code shall be strictly prohibited in
Malaybalay. Violators of this provision shall pay a fine of P 5,000.00 or imprisonment
of six months or both at the discretion of the court.
SECTION 7. Benefit Dance/ Disco Defined. It refers to a dance in the
locality where women are in the process being commodities for fund raising
purposes.
SECTION 8. Women in Armed Conflict Situation.
a) No women shall be deprived of basic social services in armed conflict areas;
b) No women or girl children shall be kept by any PNP/military
detachment/checkpoint or any analogous quarter fro purposes of comfort. Violation
shall be penalized through summary dismissal proceedings of the local AFP/PNP
and/or at the discretion of the local Police Law Enforcement Board.
SECTION 9. Forced Marriage. No woman shall be forced to marry on the
basis of vitiated consent. Any person or agency representative committing fraudulent
or coercive act to cause and effect a forced marriage shall be liable under this Code
by a fine of P 5,000.00 or an imprisonment of one year, or both, at the discretion of
the Court.
SECTION 10. Conscious Surveillance of Entertainment Establishment. A
regular Task Force shall be created to conduct conscious surveillance of
entertainments exploiting women. Failure of the task force to submit weekly report
shall be subject to an administrative sanction.
ARTICLE II
Cultural Identity of Women

SECTION 11. Indigenous Women of Malaybalay City. Indigenous women

shall be allowed enrollment in schools and colleges and enjoy employment
opportunities without prejudice to their birth and marriage rituals where no birth and
marriage certificates are issued as evidence of such life events. Failure to comply
with this provision shall be subjected to a maximum fine of P 5,000.00.
Implementing rules and regulations of this section shall include issuance of
certificate by the local offices of the Office of Southern Cultural Communities and
Office of Muslim Affairs identifying cultural community affiliation.
ARTICLE III
Labor and Employment
SECTION 12. Equal Access to Job Training and Program. No women
shall be deprived of job training ad promotion on account of her gender, age,
ethnicity, creed, religion and civil status. Violations by private employers shall
constitute a fine of P 5,000.00 and a cancellation of business permit or as prescribed
by the Court. Government unit or agency head of office is liable with the penalty of
three months suspension and a fine of P 1,000.00.
SECTION 13. Wage and Benefits for Women. Every employer shall comply
with the minimum wage as stipulated by the Regional Wage Board or pass by the
Congress and shall grant all benefits to women employees such as maternity leave,
sick and vacation leave, retirement, termination and other benefits provided by law.
Violation by private employers shall constitute a fine of
P 5,000.00 and a
cancellation of business permit or as prescribed by the court. Government Unit or
Agency Head of office is liable with the penalty of three months suspension and a
fine of P 1,000.00.
SECTION 14. Facilities and Support System for Women. The Local
Government of Malaybalay City shall ensure the safety and health of Women
employees. In Appropriate cases, it shall require employees to:
a. provide seats proper for women and permit them to use such seats when
they are free from work and during working hours, provided they can
perform their duties in this position without detriment to efficiency.
b. establish separate toilet rooms, lavoratories, and lodge for men and
women and provide at least a dressing room for women;
c. establish a crche in a workplace for the benefit of the women employees
therein; and
d. provide breast feeding centers for women in their work places.
Violation for private employers shall constitute a fine of five thousand
P5,000.00 and a cancellation of business permit or as prescribed by the
court. Government unit or agency head of office is liable with the penalty of
three months suspension and a fine of P 1,000.00.
SECTION 15. Reproductive Health Services. Big companies as well as
labor intensive establishments shall provide reproductive health services to working
women regardless of civil status as a manifestation of concern for womens role in
social production. Cancellation of business permit or license to operate and a fine of
P5,000.00 shall constitute the penalty for violation of this provision.

SECTION 16. Orientation on Sexual Harassment. All Local Offices,

Agencies and establishments or companies, government and private in Malaybalay
City shall conduct orientation on sexual harassment. Failure to comply with this
provision shall pay a fine of not less than P3,000.00 or at the discretion of the court.
The head of Office shall be held liable through an administrative sanction.
SECTION 17. Gender Sensitive Physical Plant.
A physical plant
appropriate for a gender sensitive environment shall be adopted by all offices,
agencies and establishments or companies, which shall help prevent sexual
harassment, sexual abuse and other forms of maltreatment in work places.
Monitoring team shall be composed of representative of the City Engineer,
City Social Services and Development and Integrated Gender and Development to
conduct inspection in compliance with the above provision.
Failure to comply with this provision shall mean payment of a fine and a
suspension of business permit or license to operate for three months. For Local
Government Department or Agency, an administrative sanction be imposed for
which the head of office shall be held liable.
SECTION 18. Increase Maternity Leave Benefits as Incentives for
Breastfeeding Mothers in the Public and Private Sector. Maternity Leave
Benefits of 90 days shall be extended to all women employees (Public and Private)
who have rendered at least one year continues service, provided that 90 days of the
leave period shall be used for breastfeeding on new born baby.
Employer who violates this provision shall pay a fine of P 5,000.00 and a
suspension of business permit or license to operate for six months. For Local
Government Department or Agency, an administrative sanction shall be imposed.
SECTION 19. Barangay Based House Help Support. All barangays in
Malaybalay City shall conduct compulsory education for both house help and house
help employers on gender-sensitivity. An administrative sanction shall be imposed to
any barangay council which fails to comply with this provision.
SECTION 20. Women in the Entertainment Industry. Women engaged in
the entertainment industry shall be recognized as wage earners and they shall
receive a minimum wage and benefits afforded to women workers and shall render
services as set in the job contract and only in the place of work as specified in the
business permit of the establishment concerned. Violation of this provision shall be
subjected to a fine of five thousand pesos or cancellation of business permit, or both,
at the discretion of the court.
SECTION 21. Raids. Police brutality shall not be allowed during conduct of
raids in the entertainment. Violation of this provision shall be subjected to an
administrative sanction.
ARTICLE IV
Health Right
SECTION 22. Socialized Reproductive Health Services for All Hospitals.
No hospital in Malaybalay City shall deny a woman living below the poverty line of
reproductive health services. Certificate of indigency shall be issued by the barangay
captain.
ARTICLE V

Socio-Economic Benefits for Women

A.

SECTION 23. Socialized Lending for Women

all banks, financial/lending institutions and cooperatives shall open special
windows for lending to women including young women who lack access to
traditional sources of collateral.

B. no women shall be deprived of credit. Money lending institutions shall establish

a socialized lending scheme friendly to women which shall constitute the
following:
1. Bank rate interest
2. No post-dated checks
3. Certificate of income generating activity from Barangay Captain.
Non-compliance of this provision shall be subjected to a fine of not less than
Three Thousand Pesos and the suspension of business permit or its equivalent.
ARTICLE VI
Rural Womens Rights
SECTION 24. Promotion of Environment-Friendly Technologies. No
Local Government Agency or its representative shall act as agent of inorganic
fertilizers, herbicides, and pesticides. An administrative sanction shall be imposed to
head of agencies upon violation of this provision.
ARTICLE VII
Special Sectoral Concerns
SECTION 25. Barangay Level Sanction on Cases of Harassment
Committed against Differently Abled Women. All barangays in Malaybalay City
shall formulate a Barangay-Level sanction on cases of harassment committed
against differently-abled women. Failure to comply with this provision shall subject
the barangay council to an administrative sanction.
ARTICLE VIII
Women and Children
SECTION 26. Support to Women and Children. All agreements or
settlements arrived at the barangay level relative to the support of the children shall
be final and executory. Violation of such agreements or settlements shall be
subjected to a fine of One Thousand Pesos and an imprisonment of one month.
ARTICLE IX
Gender and Development
SECTION 27. Gender Sensitivity Orientation and Training. All schools,
offices, establishments or companies, department and agencies including barangay
officials of the Local Government of Malaybalay City shall initiate Gender Sensitivity
orientation and training, which shall equip them with theoretical and practical
knowledge on gender justice. Non-compliance of this provision shall require the
concerned party to pay the fine of Five Thousand Pesos and issuance of warning by
the Integrated Gender and Development Office.
Likewise all establishments, schools, colleges and universities shall develop
assessment tools for gender biases.

CHAPTER II
Implementing Mechanism
THE GAD ADVISORY COUNCIL
SECTION 28. Creation of GAD Advisory Council. The City Mayor shall
issue an executive order creating the GAD Advisory Council.
SECTION 29. The Secretariat for the GAD Advisor Council. The City
Planning Development Office shall serve as secretariat for the council and shall be
responsible on the following:
a. Record, documents, minutes and proceedings the meetings consultation and
conferences and all other activities.
b. Conduct, update master listing women.
c. Consolidate periodic reports on women from stakeholders.
d. Preparation reports and other needed documents by the council.
SECTION 30. Functions and Responsibilities of the GAD Advisory
Council. The GAD Advisory Council shall have the following functions to ensure
consistency in the implementation of the provisions of this code.
a. Formulates policies and guidelines for effective implementation of this
ordinance.
b. Serves as the oversight committee in the monitoring and implementation of
this code, it may suggest proposals and submit recommendation for
legislative action on matters effecting women.
c. Acts as an advisory body to the Sangguniang with respect to womens
protection and development and the uses of local appropriation for this
purpose.
d. Prepares and presents an annual assessment of the implementation of this
code.
SECTION 31. Composition. The GAD Advisory Council shall be composed
of 21 members with the City Mayor or his representative as chairperson. Its
members shall include:
City Social Welfare and Development Officer.
City Planning and Development Coordinator.
City Health Officer.
City Interior and Local Government Officer
Chairperson Committee on Women and Family
City Budget Officer
President of the Liga ng mga Barangay
Chairman Sangguniang Kabataan
City Public Information Officer
Human Resource and Management Officer
City Agriculture Office RIC Coordinator

President of the City Women Coordinating Council

Malaybalay City Women President
One (1) representative of a local chapter engaged in the task promoting the
role of women in relation to Nation Building.
Two (2) authorized representatives of an organization charged with the
mission to promote education, scientific and cultural development.
Two (2) other members to be selected and appointed by the City Mayor
Two (2) NGO Male Advocates
PNP

SECTION 32. Meetings and Quorum. The council shall meet in at least once
in a quarter or as maybe necessary. A majority of the members of the council shall
constitute a quorum.
SECTION 33. Honoria. Subject to the limitation fixed by law, ordinances and
other administrative issuances.
.
SECTION 34. Role and Duty of the City Welfare and Development
Office. This Office shall be responsible for the implementation of this ordinance in
coordination and cooperation with other stakeholders. It shall see to it that
convergence is attained to realize the provision of this code.
SECTION 35. Funding.
Any amount as maybe necessary to the
implementation of the the provisions of this code shall be appropriated from the 5%
Gender and Development Fund, subject to existing pertinent laws, rules and
issuances on the matter.
SECTION 36. Sufficient Budget for Basic Social Services. The allocation
of the funds from any and all available sources to underwrite basic social services
for all women in extremely difficult circumstances shall be given priority.
SECTION 37. Investments and Loans. The City Government of Malaybalay,
through the Office of the Sectoral Representative for Women, shall conduct
consultative assemblies of all Pos, GOs and NGOs to establish contacts so that
loans and investments maybe made accessible to women in the city and barangay
levels.
SECTION 38. Rules and Regulations. The Gender and Development
Advisory Council shall formulate the implementing rules, guidelines and regulations
necessary to carry out the provisions of the code.
CHAPTER III
Final Provision
SECTION 39. Implementing Rules and Regulations. Within six (6) months
after the approval of this Code the Local Chief Executive as assigned by the offices
of the City Prosecutor, City Social Welfare and Development Officer, City Health
Officer and City Planning and Development Coordinator shall formulate and issue
the appropriate rules and regulations necessary for the efficient and effective
implementation of any of all the provisions of this code.
Such rules and regulations shall take effect after fifteen (15) days following
the completion of their full publication in two (2) local newspapers of general
circulation in the City of Malaybalay.

SECTION 40. Penalty for refusal or neglect on the part of any

government officials or employees to implement this code. Any government
officials or employees, charged with the duty to implement this ordinance, and who
refuse or neglects his duty shall be punished with six (6) months suspension from
service without pay, provided that due process on administrative discipline as
established under the Civil Service Law and other pertinent laws shall be strictly
observed before said penalty be imposed to such offender.
SECTION 41. Repealing Clause. All Ordinances, local issuances or rules
inconsistent with the provisions of this ordinance are hereby repealed or modified
accordingly.
SECTION 42. Effectivity Clause. This Ordinance shall take effect upon its
approval and completion of its publication in at least two local newspapers of general
circulation.
ENACTED.
------------------------------------------WE HEREBY CERTIFY that the foregoing ordinance is true.

SEMPORIANA A. PAREDES
Sangguniang Panlungsod Secretary
APPROVED, JUNE 8, 2010:

MELCHOR P. MARAMARA
City Councilor
Temporary Presiding Officer
APPROVED:

FLORENCIO T. FLORES, JR.

City Mayor
AFDETICIO/vas

Republic of the Philippines

Province of Bukidnon
CITY OF MALAYBALAY
*
*
*
Office of the Sangguniang Panlungsod
EXCERPT FROM THE MINUTES OF THE 11TH REGULAR SESSION FOR CY 2010 OF
THE FOURTH SANGGUNIANG PANLUNGSOD OF THE CITY OF MALAYBALAY,
BUKIDNON, HELD AT THE SP SESSION HALL ON JUNE 8, 2010.
PRESENT:

Hon. City Councilor Victor P. Aldeguer

Hon. City Councilor Manuel L. Dinlayan
Hon. City Councilor Melchor P. Maramara, Temporary Presiding Officer
Hon. City Councilor Amado C. Estrada
Hon. City Councilor Aurora F. Deticio
Hon. City Councilor Jaime P. Gellor
Hon. City Councilor Glorio D. Sajulga

ABSENT :

Hon.
Hon.
Hon.
Hon.

Business)
Business)

City
City
City
City

Vice Mayor Ignacio W. Zubiri

Councilor Bob T. Casanova
Councilor Conrado M. Barroso
Councilor Clarita C. Carbajal (Official

Hon. City Councilor Fernando O. Melendez (Official

Hon. City Councilor Niko P. Aldeguer
- - - - - - - - - - - - - - - - - - - - - - - - - - - - -

RESOLUTION NO. 10573(A)-2010

A RESOLUTION ENACTING AN ORDINANCE PROVIDING FOR A
COMPREHENSIVE CHILDREN AND FAMILY SUPORT SYSTEM IN THE CITY OF
MALAYBALAY, OTHERWISE KNOWN AS THE MALAYBALAY CITY CHILDRENS
WELFARE CODE AND FOR OTHER PURPOSES.
WHEREAS, the City Government of Malaybalay intends to address the needs
of the most vulnerable sector of our society, the childrens endeavor to recognize
childrens right to life and the full development of their potentials and to protect and
promote their physical, mental and social well being;
WHEREAS, social trends show significant increase in the incidents of child
abuse as brought by the citys evolving urbanization and its social dysfunction, and
the overwhelming technological advancements;
WHEREAS, the City Government of Malaybalay aims to protect and uphold
the dignity of family as an institution which is tantamount to securing the future of the
children;

NOW, THEREFORE, on motion of HON. AURORA F. DETICIO, unanimously

seconded;
BE IT RESOLVED, as it is hereby resolved, to enact the following ordinance:
Ordinance No. 688
Series of 2010
AN ORDINANCE PROVIDING FOR A COMPREHENSIVE CHILDREN AND
FAMILY SUPPORT SYSTEM IN THE CITY OF MALAYBALAY, OTHERWISE
KNOWN AS THE MALAYBALAY CITY CHILDRENS WELFARE CODE AND FOR
OTHER PURPOSES.
BE IT ORDAINED by the Sangguniang Panlungsod, City of Malaybalay in
session assembled that:
ARTICLE 1
Title, Policy, Principles and Definition of terms
SECTION 1. Title. This Ordinance shall be known as the Comprehensive
Children and Family Support System in the City of Malaybalay otherwise known as
the Malaybalay City Childrens Welfare Code.
SECTION 2. Declaration of Policy and Principles of the Local
Government of Malaybalay City. It is hereby declared to be the policy of the local
government of Malaybalay City that the rights of children to their survival, protection,
participation and development must be given priority; it will work for the respect for
the role of the family in providing for children and will support the efforts of parents,
other child care and development workers, NGOs and communities to nurture and
care for children, from infancy including the earliest stages of childhood to
adolescence.
It shall be the policy of the local government of Malaybalay City to ensure that
the programs aimed at the achievement of goals for the survival, protection,
participation and development of children must be given priority when resources are
located. Every effort shall be made by the local government of Malaybalay City to
ensure that such programs are protected in times of economic austerity and
structural adjustments.
SECTION 3. Definition of Terms:
a.

Children refers to persons below eighteen (18) years of age or

those over but are unable to fully take care of themselves or protect
themselves from abuse, neglect, cruelty, exploitation or discrimination
because of a physical or mental disability or condition;

b.

Survival Rights deal with the provision in relation to parenteral and

governmental duties and liabilities, adequate living standard and access
to basic health and health services and social security.

c.

Development Rights pertain to the access of a child to educational

opportunities, access to relevant information, play leisure, cultural
activities and the right to freedom of thought, conscience and religion.

d.

Protection Rights cover those which guard children against all

forms of child abuse, exploitation and discrimination in the major areas
where a child is considered in an extremely difficult circumstance.

e.

Participation Rights include the childs freedom to express oneself

in matters affecting his/her as part of preparation for responsible
parenthood and to freedom of association.

f.

Child Abuse refers to maltreatment of the child, whether habitual

or not, which includes any of the following:
1.
Psychological and physical abuse, neglect, cruelty, sexual
abuse and emotional maltreatment;
2.

Any act by deeds or words which debases, degrades or demeans

the intrinsic worth and dignity of a child as human being;

3.

Unreasonable deprivation of his/her basic needs of survival such as

food and shelter; or
4.

g.

Failure to immediately give medical treatment to an injured child

resulting in serious impairment of his/her growth and development
or permanent incapacity or death.

Circumstances which gravely threaten or endanger the survival

and normal development of children include, but are limited to the
following:
1.

Being in a community where there is armed conflict or

being affected by armed conflict-related activities;

2.

Working under conditions hazardous to life, safety and

normal development or working without provision for their
education;

3.

Living in or fending for themselves in the streets of urban

and rural areas without the care of parents or guardian or any
adult supervision needed for their welfare;

4.

Being a member of indigenous cultural community and/or

living under conditions or extreme poverty or in an area which is
underdeveloped and/or lack or has inadequate access to basic
services needed for a good quality life;

5.

Being with family members or guardians having

psychological problems grave enough for them to commit incest,
siblings rape, lascivious acts and other forms of physical and
mental abuse;

6.

Being a victim of man-made or natural disaster or calamity;

7.

Being a victim of an illegal transnational union, or child

trafficking;

8.

Circumstances analogous to those above stated which

endanger the life, safety or normal development of children.

h.

Comprehensive Childrens Support Systems Against Child Abuse,

Exploitation and Discrimination refers to the coordinated program of
services and facilities to protect children against:
1.
1.
2.
3.
4.

Child prostitution and other sexual abuse;

Child trafficking;
Obscene publications and indecent shows;
Other acts of abuse;
Circumstances which threaten or endanger the survival and normal
development of children or as prescribed in the UN Convention on
the Rights of the Child.

i.

Comprehensive Support System for the Development of Children

also refers to the coordinated program of services and facilities outlined
in Sec. 3 of RA 6972 and as prescribed by the UN Convention on the
Rights of the Child.

j.

The office task to handle special concerns for children refers to an existing
division at the city Social Welfare and Development Office which will be
tasked to coordinate related activities to ensure that the rights of children
are in place.

k. Anti-Social Related Activities are those acts against poverty, chastity

and person which include but not limited to the following:
a. Petty Crimes such as snatching, shoplifting, misrepresentation;
b. Using and pushing prohibited drugs, selling illegal or lewd reading
materials;
c. Pimping for young and old prostitutes and sexual perversions,
doing or participating in obscene shows;
d. Gambling of any form;
e. Rape and incest; and
f. Any other circumstances as defined in the existing laws.
l.

Benefit Dance refers to a dance in the locality where young girls and
boys in the process are being commodified for fund raising purposes.
Article II
Protection Rights of Children

SECTION 4. Program on Child Abuse, Exploitation and Discrimination

There shall be a comprehensive program to be formulated by the Malaybalay City
Social Welfare and Development Office and the Malaybalay City Council for the
Welfare of Children in coordination with the special office for Childrens Concern,
other government agencies, and the private sector concerned within one (1) year
from the effectivity of this ordinance, to protect children against child prostitution and
other sexual abuse; child trafficking, obscene publications and indecent shows and
other acts of abuse; and circumstances which endanger child survival and normal
development.
SECTION 5. Child and Other Sexual Abuse. Children, whether male or
female, who for money, profit or any other consideration or due to the coercion or
influence of any adult, syndicate or groups, indulge in sexual intercourse or
lascivious conduct, are deemed to be children exploited in prostitution and other
sexual abuse.

The penalty as prescribed in Section 5 of Republic Act No. 7610 shall be

imposed upon the following:
a)

Those who engage in or promote, facilitate or induce child prostitution which

include, but are not limited to the following:
a) Acting as procurer of a child prostitute by means of written or oral
advertisements or other similar means;
b) Inducing a person to be a client of a child prostitute by means of written or
oral advertisements or other similar means;
c) Entering into a relationship with, or taking advantage of a child as
prostitute;
d) Threatening or using violence towards a child to engage him/her as a
prostitute or participant in indecent shows;
e) Giving monetary consideration, goods or other pecuniary benefit to a child
with the intent to engage such child in prostitution.

b)

Those other persons who commit the acts as stated in the Article III of Republic
Act No. 7610 and shall be penalized accordingly as prescribed in the same.

SECTION 6. Obscene Publications and Indecent Shows. Any person who

shall hire, employ, use, persuade or coerce a child to perform in obscene exhibitions
and indecent shows, whether live or in video, pose or model in obscene publications
or pornographic materials shall suffer the penalty as prescribed in R.A. 7610.
SECTION 7. Sanctions for Establishment or Enterprises which Promote,
Facilitate or Conduct Activities Constituting Child Prostitutions and Indecent
Shows. All establishments or enterprises which promote or facilitate child
prostitution and sexual abuse, child trafficking, obscene publications and indecent
shows, and other acts of abuse shall be immediately closed, and their authority or
license to operate cancelled, without prejudice to the owner or manager thereof
being prosecuted under this ordinance. A sign with words: CHILD RIGHTS
VIOLATOR shall be conspicuously displayed outside the establishments or
enterprises by the Malaybalay City Special Office for Childrens Concerns for such
period as the special office shall determine.
SECTION 8. Child Trafficking Any person who shall engage in trading and
dealing with children including but not limited to, the act of buying and selling of a
child for money, or for any other consideration, or barter, shall suffer the penalty as
prescribed in Article IV of the Republic Act No. 7610.
SECTION 9. Attempt to Commit Child Trafficking
commit child trafficking under Section 6 of this ordinance:

There is an attempt to

a) When a child below 15 years old travels alone to or from Malaybalay City
without valid reason therefore and without clearance issued by the
Malaybalay City Special Office for Childrens Concerns or written permit or
justification from childs parents or legal guardians;
b) When a pregnant mother, father or guardian executes an affidavit of consent
for adoption for a consideration; or consent, participates or in any manner
causes the registration of the birth of such child in the name of another with or
without consideration;
c) When a person, agency, establishment or child-caring institution recruits
women or couples to bear children for the purpose of child trafficking;

d) When a doctor, hospital or clinic official or employee, nurse, midwife, local

civil registrar or any other person stimulates birth for the purpose of child
trafficking;
e) When a person engages in the act of finding children among low income
families, hospitals, clinics, nurseries, day care centers or other child caring
institution who can be offered for the purpose of child trafficking; or
f) When a person, authority, agency or institution who are witnesses to and fails
to report transactions related to circumstances in child trafficking.
A penalty prescribed in Article IV of Republic Act. 7610 shall be imposed upon
the principles of the attempt to commit child trafficking under this ordinance. In
addition, a one-month community service shall be imposed for the commission and
omission of acts under Section 7. Such service shall be defined by the Social
Development Committee of the City Development Council.
SECTION 10. Other Act and/or Condition Prejudicial to the Childs
Development It shall be unlawful for any person to sell liquor, cigarette, illegal
drugs and other items detrimental to the development of the child.
For purposes of this Ordinance, the penalty for the commission of such act as
prescribed in Article VI of Republic Act No. 7610 shall be imposed. The victim of the
act committed under this section shall be entrusted to the temporary care of the City
Social Welfare and Development Office.
SECTION 11. Control on Childrens Exposure to Commercial Video
Games Commercial establishments catering rental of electronic video games to
children during school days from 7:00 oclock in the morning to 5:00 0clock in the
afternoon shall be subjected to suspension of business permit for fifteen (15) days
during the first offense and, one (1) month suspension of the same for the second
offense.
Confiscation of all video units of said establishment and cancellation of
business permit shall constitute the penalty for third offense.
SECTION 12.
Children Involved in Anti-Social Related Activities.
Children who are involved in anti-social or related activities shall be registered in a
rehabilitation program that shall assist the children to rebuild themselves and
reintegrate in the mainstream of society.
SECTION 12A. Monitoring of Suspended Cases of Children and
Appropriate Assistance. Application for suspension of sentences of children
involved in anti-social activities shall be done by the City Social Welfare and
Development Office.
A special team from such office shall monitor closely the cases involving
children in court to adequately enforce the suspension of sentences. Appropriate
and responsive rehabilitation program shall be afforded to them under the
supervision and coordination of City Social Welfare and Development Office. The
framework of assistance shall be designed by the City Social Welfare and
Development Office in close coordination with the NGOs and professionals with
special interests on rehabilitation.
SECTION 12B.Appointment of Child and Youth Relations Officer and
Police Procedures. Each Police Station in Malaybalay City shall have a Child and
Youth Relation Officer tasked to handle cases involving children. Child-friendly police

procedures shall be implemented as contained in the police Handbook on the

Management of cases of Children in Especially Difficult Circumstances. Each PNP
element shall be provided a copy of the said handbook.
SECTION 12C. Special Course for PNP Members A special course for
members of the Philippine National Police shall be designed to handle effectively the
children involved in anti-social activities. All police officers shall take up the course
especially those who are interested to be assigned with the Child and Youth
Relations Section (CYRO) and other CYR Officers in each PNP detachment.
The course shall be designed and provided by the Malaybalay City Special
Office for Childrens Concerns in close coordination with the PNP Child Protection.
Team per police manual and NGOs, and professionals organizations focused on
child and youth programs.
SECTION 12D. Police Brutality. Any brutality committed against children by
police authorities shall be subjected to penalty under this Ordinance as determined
by the Local Peoples Law Enforcement Board (PLEB) without prejudice to
provisions of the Revised Penal Code.
SECTION 13. Employment of Children. Children as defined in this
Ordinance shall not be employed, however, they maybe employed provided that:
a)

The minimum requirements as stated in Section 12 of Republic Act

No. 7610 shall be presented; and

b)

The employer shall register the child to the City Social Welfare and
Development Office to enjoy benefits and other special protection as may
be provided for by the said special office tasked to formulate rules and
regulations.

The City Council for the Protection of Children shall promulgate rules and
regulations necessary for the effective implementation of this section.
SECTION 13A. Prohibition on the Employment of Children in Certain
Advertisements . No person shall employ child to model in all forms of commercial
advertisements promoting alcoholic beverages, intoxicating drinks, tobacco and its
by products, junk foods, and products promoting violence.
SECTION 13B. Penalties Any person who shall violate any provision of this
Article shall be penalized as prescribed in Section 16 of the Republic Act No. 7610.
SECTION 14. Specialized Team of Educators Indigenous Peoples
Children In addition to the rights guaranteed to indigenous children under the RA
No. 7610 and other existing laws, the Schools Division of Malaybalay City shall
create a team of special educators to look into appropriateness of curriculum for
indigenous children which is culture-specific and relevant to the needs and existing
situations of their communities.
SECTION 14A. Creation of Indigenous Peoples Council. A Council for
Indigenous Communities in Malaybalay City shall be created to facilitate planning,
decision making, implementation, and evaluation of all government programs
affecting children of indigenous peoples. NGOs focused on these communities shall
also be recognized, respected and represented to the Council.
SECTION 15. Children as Social Indicators of Local Condition. Children
are hereby declared as Social Indicators of Local Condition. It shall be the

responsibility of the Local Government of Malaybalay City and all other sectors
concerned to resolve armed conflicts in order to idealize the UN Convention on the
Rights of the Child.
SECTION 16. Respect for the International Covenants Relevant to
Armed-Conflict. The Local Government of Malaybalay City undertakes to respect
and ensure for rules of international humanitarian law applicable to Philippine
political armed-conflict which are relevant to the child. Specifically the following
policies shall be observed:
a)

Children shall not be the object of attack and shall be entitled to

special respect. They shall be protected from any form of threat, assault,
torture or other cruel, inhumane or degrading treatment;

b)

Children shall not be recruited to become members of the Armed

Forces of the Philippines or its civilian units or other armed groups, nor
be allowed to take part in the fighting, or used as guides, or couriers, or
spies;

c)

Delivery of social services such as education, primary health and

emergency relief services shall be kept unhampered.

d)

The safety and protection of those who provide services including

those involved in fact-finding missions from both government ad nongovernment institutions shall be ensured. They shall not be subjected to
undue harassment in the performance of their work.

e)

Public infrastructure such as schools, hospitals and rural health

units shall not be utilized for military purpose such command posts,
barracks, detachments, and supply depots; and

f)

All appropriate steps shall be taken to facilitate the reunion of

families temporarily separated due to armed conflict.

SECTION 16. A. Evacuation of Children During Armed Conflict. Children

shall be given priority during evacuations as a result of armed conflict. Existing
peoples organizations shall be tapped to look after the safety and well-being of
children during evacuation operations. Measures shall be taken to ensure that
children evacuated are accompanied by persons responsible for their safety and
well-being.
SECTION 16. B. Family Life & Temporary Shelter. Whenever possible,
members of the same family shall be housed in the same premises and given
separate accommodation from other evacuees and provided with facilities to lead a
normal family life. In places of temporary shelter, expectant and nursing mothers and
children shall be given additional food in proportion to their physiological needs.
Whenever feasible, children shall be given opportunities for physical exercise, sports
and outdoor games.
SECTION 16. C. Children and Family Psycho-Social Program. It is
important for the children and their families that they shall be a part of a psychosocial program. The Malaybalay City/Special Office fro Childrens Concerns shall
design a comprehensive psycho-social program for both children and their families
affected by the armed-conflict.

SECTION 16. D. Rights of Children Arrested for Reasons Related to

Armed Conflict. Any child who has been arrested for reasons related to armed
conflict, either as combatant, courier, guide or spy is entitled to the following rights;
a)
b)

Separate detention from adults except where

accommodated as family rights;

families are

Immediate free legal assistance;

c)

Immediate notice of such arrest to the parents or guardians of the

child; and

d)

Release of child on recognizance within twenty-four (24) hours to

the custody of the City Social Welfare and Development Office or any
responsible member of the community as determined by the court.

If after hearing the evidence in the proper proceedings the court should find
that the aforesaid child has committed the acts charged against him/her, the court
shall determine the imposable penalty, including any civil liability chargeable against
him/her. However, instead of pronouncing judgment of conviction, the court shall
suspend all further proceedings shall commit such child to the custody or care of the
City Social Welfare and Development Office or to any training institution operated by
the government, or duly-licensed agencies or any responsible person, until he/she
has reached eighteen (18) years of age or, for a shorter period as the court may
deem proper, after considering the reports and recommendations of the City Social
Welfare and Development Office or the agency or responsible individual under
whose care he/she has been committed.
The aforesaid child shall be subjected to visitation and supervision by a
representative of the City Social Welfare and Development Office or any duly
licensed agency or such other officer as the court may designate to such conditions
as it may be prescribed.
SECTION 16. E. Monitoring and Reporting of Children in Situations of
Armed Conflict. The Chairperson or any authorized member of the Barangay
Council for the Protection of Children shall submit the names of children residing in
the said barangay who are victims of arm conflict, to the City Social Welfare and
Development Officer within twenty-four (24) hours from the occurrence of the armed
conflict.
SECTION 17. Selective Ban on Benefit Dance in the Barangays.
Barangay level fund-raising activities shall not include benefit dance as defined in
this ordinance.
Culturally relevant activities shall be promoted instead of promoting young
women as commodities during benefit dance. A penalty shall be imposed to the
organizers of the benefit dance by the City Court accordingly for the violation of this
provision.
SECTION 18. Curfew on Minors. For the protection of children below 15
years of age, they shall be prohibited from loitering around or sleeping in public
places after 10 oclock in the evening until. 4 oclock in the morning of the following
day unless they are in company with their parents or guardians.
A penalty equivalent to a whole day seminar on duties and responsibilities of
children and parents shall be imposed to the parents or guardians of the violators of
this provision.

A 15-day community service as determined by the local court shall be

imposed as penalty for second-time offenders.
Article III
Survival and Development Rights of Children
SECTION 19.Under Six Program Frameworks. The local government of
Malaybalay City shall ensure to maximum extent possible the survival and
development of the child. The program on survival and development of the child.
Shall include the following:
a) Monitoring of registration of births and completion of the immunization
series for prevention of tuberculosis, diphtheria, pertusis, tetanus,
measles, polio myelitis and such other disease for which vaccines have
been developed for administration to children up to six (6) years of age;
b) Growth and nutritional monitoring with nutritional feeding and supervision
of nutritional intake at home;
c) Care for children of working parents during the day and, where feasible,
care for children up to six (6) years of age when parents are working at
night: Provided, That the day care center need not to take care of the
children in a particular place but shall develop network at homes where
adults may take particular place but shall develop network of homes
where adults may take care of the children up to six (6) hours, with
adequate supervision of the City Social Welfare and Development
Office: Provided, further , that, where young children are left to the care
of a paid domestic, an elderly relative or older children without adequate
and competent adult supervision, the City Social Welfare Officer shall
provide such training and adult supervision until the childrens care
meets adequate standard whereby the children under their care will
develop normally as healthy, happy and loved children, even the
absence of their parents during working hours; there should a child
Minding Center to be established at the City Hall compound for the
children of employees based on applicable guidelines;
d) Materials and network of surrogate parents- teachers who will provide
intellectual and mental stimulation to the children, as well as supervised
wholesome recreation, with a balanced program of supervised play,
mental stimulation activities, and group activities with peers;
e) A sanctuary for abused, neglected or exploited children which will take in
children in urgent need of protection due to a situation which endangers
the child or which has exposed the child to cruelty and abuse: Provided,
That the center, with the help and support of the barangay officials and
their barangay-level support systems, may call upon law enforcement
agencies when the child needs to be rescued from an unbearable home
situation;
f) A Reproductive Health Care for pregnant mothers for prenatal and neo
natal care and, in the proper case, de livery of the infant under condition
which will remove or minimize risk to mother and child: Provided, That
high-risk mothers shall be referred to the proper tertiary or secondary
care service personnel and children who are at risk from any condition or
illness will be brought for care: low risk normal deliveries should not be
administered at home but should be referred to the Maternity Clinic and
Puericulture Center or at the Barangay Health Stations; Exclusive

breastfeeding should be encouraged until six months old of the infant;

g) A barangay level network of assistance from among the adults of the
barangay for the total development and protection of children;
h) Unstructured combined with structured learning exercise for children
under the early childhood education shall be instituted in the children
centers or day care centers respecting the participation right of the child;
i) A pool of trained day care or child development workers with an upgraded
salary scheme commensurate to the tasks assigned.
SECTION 19 A. Early Childhood Care and Development Program. The
Local Government of Malaybalay City shall initiate for the care of 3-5 years old
children through the Early Childhood Care and Development Program and that
supervision of 3-5 years old in a daily 8-hour programme, if needed, shall be initiated
in every day care.
SECTION 19 B. Population-Based Day Care Setting Up. The day care
centers shall be set up in every barangay. Number of such centers shall depend on
the population level of the children and how depressed the barangay is as
determined by the CWSD Office. Parents Program shall form part of this early
childhood education.
SECTION 19 C. Promotion of Health Care Program The Barangay Health
Centers shall implement the primary health program. Each Barangay Health Station
shall have a Barangay Health Midwife tasked to monitor child health in the barangay
level in coordination with the Barangay Health Workers and the Barangay Nutrition
Scholars.
To further ensure the implementation of Section 19. C of this Ordinance, the
local government of Malaybalay City, in particular shall take effect appropriate
measures:
c.1) To combat disease and malnutrition within the framework of the primary
health care, to integrate the application of readily available technology
and through the provision of adequate nutritious foods and clean
drinking water, taking into consideration the dangers and risk of
environment pollution.
c.2) to establish a Comprehensive Parents Orientation Development Program
which includes courses on reproductive health, child health and child
rearing practices in the context of the Filipino Psychology.
c.3) to monitor the full implementation of the Milk Code of the Philippines and
advocate for the prosecution of milk firms which violate the code.
c.4) to conduct massive information education on breast feeding. Utilizing
existing reference materials for effective breast feeding education
program. And that student in all levels is required to take up breast
feeding course which shall be an integral part of all curricula.
SECTION 20. Comprehensive Training Course on Child Health. All health
practitioners dealing with child health in government, NGO or private institutions
shall be required to complete a Comprehensive Training Course on Child Health. No
one shall practice his or her health profession without the updated Certificate of
Completion of this training course which shall be designed by the Task Force on
Child Health or as prescribed in the implementing rules and regulations of this
ordinance.

SECTION 21. Child-Friendly Hospital in Malaybalay City. All hospitals in

Malaybalay City shall set-up child friendly units to include rooming-in facilities and
pediatric-appropriate mechanisms and gadgets.
As part of the support system for childs health, government health
practitioners are required to undertake special training on pediatric care through the
Malaybalay City Health Center which shall be established by the local government of
Malaybalay City within two years after the approval of this ordinance.
The Child Health Center shall monitor the operations of all private and
government hospital-pediatric units to ensure child friendly measures
implementations.
SECTION 22. Survey and Active Program for Differently-Abled Children.
The Local Government of Malaybalay City shall make a periodic comprehensive
survey on the differently-abled in the City which should be Child-focused and
specific. It is basic to achieve a more systematic coordination of services (health
nutrition and education) for children with special needs.
SECTION 23. Investment in Educators and Health Professional Training
Programmed for Special program with Differently-Abled Children. Training
Program for educators and health professional handling differently-abled children
shall form part of the priority of the local government of Malaybalay City.
SECTION 24. Barangay-Level Recreational and Cultural Facilities and
Program. A barangay-level program for the revival of indigenous games reflective of
the cultural diversity in Malaybalay City shall be installed. The Local Government of
Malaybalay City shall allocate space for recreation and provide recreational facilities
appropriate for childrens age-group and gender shall be designed with due respect
to cultural diversity.
SECTION 25. Local Childrens Literature . In support to the socio-cultural
development in Malaybalay City, the local government of Malaybalay City shall
invest in the production of local literature for children or other relevant materials. A
childrens library should be one of the sections of the public libraries in the city and
the barangays.
SECTION 26. Parenting Orientation Courses. Marriage License applicants
shall be required to participate to a Parenting Orientation Course I, among other
requirements, prior to the issuance of marriage license by the Civil Registrar. This
course becomes an integral part of existing Family Planning Seminar or
Reproductive Health Course. The Malaybalay City Special Office for Childrens
Concerns in close coordination with the City Health Office and the Civil Registry
Office shall update the family planning seminar in recognizance of this Ordinance.
Parent-applicants for birth certificate of their child shall also be required to
participate to a Parenting Orientation Course II, as a follow-up to the first course
before issuance of Certificate of Live Birth by the Civil Registrar without prejudice to
the early registration of birth requirement under existing law.
Implementing guidelines for this ordinance shall be formulated by the City
Council for the Protection of Children in close coordination with the office of the Civil
Registrar.
Article IV Participation Rights of Children

Participation of Children in decision-making processes. The children in the

family, school, community or other organization or institution shall be heard. Each
child regardless of sex, age and tribe has the right to express his or her opinion
freely and to have that opinion taken into account in any matter or procedure
affecting the child. It shall be the responsibility of the adults to provide opportunities
for children to express his or her views obtain information, make ideas or information
known, regardless of tribe, religion, age and sex.

SECTION 27. Installation of Mechanism for Participation in Policy and

Program Formulation in the Local Government. It is important to consult and
provide venue for the expressions of views relevant to Malaybalay City Government
Policies. It is therefore proper that seven to twelve (7-12) years old and the thirteen
to eighteen (13-18) years old are convened through their representatives in a once a
year basis, specifically during the childrens month, every October. NGOs concerned
with these groups of children shall be part of the process in both preparation and
evaluation of the convention. Detailed implementing rules and guidelines shall be
formulated by the City Council for the Protection of Children based on existing
guidelines and issuances.
ARTICLE V
Implementing Mechanism
SECTION 28. Creation of Malaybalay City Childrens Unit. The Malaybalay
City Childrens Unit shall be created to beef up the capacity of the City Social
Welfare and Development Office in realizing the provisions of this Ordinance. It shall
be the special coordinating and implementing arms of the Local Government of
Malaybalay City to focus on childrens specific programs and projects. It shall file
complains on cases of unlawful acts committed against children in the most
expeditious process.
SECTION 29. Component of Malaybalay City Childrens Unit. This special
office shall have the following components to orchestrate its various program and
projects consistent with the provisions of this Ordinance, national issuance and
international covenants:
a) Family Crisis Center
b) Psycho-social Rehabilitation Centers for Centers for Children in Extremely
Difficult Circumstances
c) Childs Reading Center
d) Childs Right Advocacy ad Campaign
e) Early Childhood Care and Development Program
f) Legal Assistance Program
SECTION 30. Creation of the City and Barangay Council for the Welfare and
Protection of Children/City Technical Working Groups There shall be
established a Council which shall be composed of the City Mayor as Chairman, the
Chairman on Social Services of the City Sanggunian as Vice-Chairman, the City
Planning and Development Coordinator as Head Secretariat, and the following as
members:
Chairperson :
City Mayor
Member
:
SP Committee on Women and
Family

City Planning and Development Coordinator

City Social Welfare and Development Officer
North District Supervisor
South District Supervisor
East District Supervisor
City Civil Registrar
City Prosecutor
Sangguniang Kabataan Federation President
ABC President
City Local Government Operations Officer
PNP
(Other members may be designed to the council as defined
appropriate)

For the barangay, membership shall be taken from responsible members of

the community including a representative of the youth, as well as representatives of
government and private agencies concerned with the welfare of children and youth
whose area of assignment includes the particular barangay and shall be on a purely
voluntary basis.
SECTION 31.
Functions The following are the functions of this
Council.
1. Formulates City Plan of Action for Children incorporating projects and
program needing assistance by the Barangay and ensure their integration
into the city development plans.
2. Monitors and evaluates the implementation of the city development plan.
3. Promptly address issues and concerns affecting children and youth.
4. Advocates passage of relevant child and youth protection ordinance.
5. Advocate increased support and resource allocation for childrens program
and projects.
6. Provides technical assistance to community-based frontline workers
through conduct of capability-building and human resource development
activities.
7. Recommends policies and programs for the protection and welfare of
children.
8. Prepares contingency measures to protect children and their families from
natural and man-made disasters.
9. Approves selection of pilot and expansion Barangay for LCPC formation
and development.
SECTION 32. Composition of the City Technical Working Group.
Technical Working is hereby created to be composed of the following::

Chairperson :
City Mayor
Member
:
City Social
Officer
North District Supervisor

Welfare

and

Development

South District Supervisor

East District Supervisor
City Health Officer
Sangguniang Kabataan Federation President
ABC President
City Budget Officer
City Treasurer
Accredited NGO working on child protection and development

SECTION 33. Functions: The following are the functions of the TWG
1. Provides technical and administrative support to the city council for
the protection and welfare of children.
2. Monitors the implementation of plans and programs geared towards
addressing childrens rights and development.
SECTION 34. Secretariat
The City Planning and Development Office shall provide secretariat and
technical support. It shall be responsible for the documentation of proceedings
during meetings and preparation of reports and other necessary documents as
needed by the council.
ARTICLE VI
Final Provisions
SECTION 35. Rules and Regulation.
Unless otherwise provided in this Ordinance the City Prosecutors Office in
coordination with the Malaybalay Childrens Unit shall promulgate rules and
regulations for the effective implementation of this Ordinance.
Such rules and regulations shall take effect upon their publication in two (2)
local newspapers of general circulation.
SECTION 36. Appropriations.
The amount necessary to carry out the provisions of this ordinance is hereby
authorized to be appropriated in the Annual Implementation Plan, specifically 5% of
the gross income of the Local Government of Malaybalay City and an additional
1.5% from each additional fund from other sources.
SECTION 37. Separability Clause.
If any provisions of this Ordinance is declared invalid or unconstitutional, the
remaining provisions not affected thereby shall continue to be in full force and effect.
SECTION 38. Repealing Clause. All Ordinances, local issuances or rules
inconsistent with the provisions of this ordinance are hereby repealed or modified
accordingly.
SECTION 39. Effectivity Clause. This Ordinance shall take effect upon its
approval and completion of its publication in at least two local newspapers of general
circulation.
ENACTED.

------------------------------------------WE HEREBY CERTIFY that the foregoing ordinance is true.

SEMPORIANA A. PAREDES
Sangguniang Panlungsod Secretary
APPROVED, JUNE 8, 2010:

MELCHOR P. MARAMARA
City Councilor
Temporary Presiding Officer
APPROVED:

FLORENCIO T. FLORES, JR.

City Mayor
AFDETICIO/vas