PRESENT: Hon. Robert N.

Cong, City Vice Mayor/

Acting City Mayor
Hon. Ceasar Jomer Y. Ong Oh, SP Member
Presiding Officer Protempore
Hon. Salutario B. Cuasito, SP Member/
Acting City Vice Mayor
Hon. Harris Glenn D. Puyot, SP Member
Hon. Ernie M. Ceniza, SP Member
Hon. Daniel O. Racaza, SP Member
Hon. Lorito Q. Maragañas, SP Member
Hon. Raykito M. Kittilstvedt, SP Member
. Hon. Ernesto G. Tapales, SP Member
Hon. Lito B. Bulasa, SP Member, Liga ng Barangay Pres.
Hon. Mark Lito O. Polgarinas, SP Member, CSK Federation Pres.

ABSENT: None.

CITY ORDINANCE NO. 2009-08

AN ORDINANCE ESTABLISHING A SPECIAL FINANCIAL

ASSISTANCE FOR THE VICTIMS OF VIOLENCE AGAINST
WOMEN AND CHILDREN (VAWC).

WHEREAS, pursuant to the Convention on the Elimination of All

Forms of Discrimination Against Women (CEDAW), the Beijing Platform for Action,
the Republic Act 7192 (Women in Development and Nation-building Act), and the
Millennium Development Goals, the Philippines has committed to pursue women's
empowerment and gender equality in the country;

WHEREAS, in accordance with Executive Order (EO) No. 273 (Approving

and Adopting the Philippine Plan for Gender-Responsive Development, 1995-2025),
agencies are mandated to institutionalize Gender and Development (GAD) in
government by incorporating the GAD concerns spelled out in the PPGD in
their planning, programming and budgeting processes;

WHEREAS, Republic Act No. 9262, “AN ACT DEFINING VIOLENCE

AGAINST WOMEN AND THEIR CHILDREN, PROVIDING FOR PROTECTIVE
MEASURES FOR VICTIMS, PRESCRIBING PENALTIES THEREFOR, AND FOR
OTHER PURPOSES”, provides the general basis for the City Government to
institute legal action to address VAWC cases;

WHEREAS, with the growing awareness and sensitivity on gender-

equality issues, there has been an increasing number of VAWC cases being
discovered and/or referred to the City Government for appropriate action;

WHEREAS, one of the challenges faced by the City LGU in terms of

supporting VAWC victims is providing the necessary financial support to indigent
complainant/litigant to defray the expenses during the litigation process.
City Ord. No. 2009-08 - -/
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NOW THEREFORE-

BE IT ORDAINED, by the 1st Sangguniang Panlungsod, in its 84 th

Regular Session assembled, that:

SECTION 1. TITLE –

This Ordinance shall be known as the “Special Financial Assistance

for VAWC Victim Ordinance”

SECTION 2. STATEMENT OF POLICY -

It is hereby declared to be the policy of the City Government of Cabadbaran

to promote gender-responsive governance, protect and fulfill women's human
rights, and promote women's economic empowerment.

SECTION 3. DEFINITION OF TERMS:

1. Violence Against Women and Children(VAWC)- refers to any act or a

series of acts committed by any person against a woman who
is his wife, former wife, or against a woman with whom the
person has or had a sexual or dating relationship, or with whom
he has a common child, or against her child whether legitimate
or illegitimate, within or without the family abode, which result in
or is likely to result in physical, sexual, psychological harm or
suffering, or economic abuse including threats of such acts,
battery, assault, coercion, harassment or arbitrary deprivation
of liberty. It includes, but is not limited to, the following acts:
A. "Physical Violence" refers to acts that include bodily or physical
harm;

B. "Sexual violence" refers to an act which is sexual in nature,

committed against a woman or her child. It includes, but is not
limited to:

a) rape, sexual harassment, acts of lasciviousness, treating a

woman or her child as a sex object, making demeaning and
sexually suggestive remarks, physically attacking the sexual
parts of the victim's body, forcing her/him to watch obscene
publications and indecent shows or forcing the woman or
her child to do indecent acts and/or make films thereof,
forcing the wife and mistress/lover to live in the conjugal
home or sleep together in the same room with the abuser;
b) acts causing or attempting to cause the victim to engage in
any sexual activity by force, threat of force, physical or other
harm or threat of physical or other harm or coercion;
c) Prostituting the woman or child.
City Ord. No. 2009-08 - -/
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C. "Psychological violence" refers to acts or omissions causing or

likely to cause mental or emotional suffering of the victim such as
but not limited to intimidation, harassment, stalking, damage to
property, public ridicule or humiliation, repeated verbal abuse and
mental infidelity. It includes causing or allowing the victim to
witness the physical, sexual or psychological abuse of a member
of the family to which the victim belongs, or to witness
pornography in any form or to witness abusive injury to pets or to
unlawful or unwanted deprivation of the right to custody and/or
visitation of common children.

D. "Economic abuse" refers to acts that make or attempt to make a

woman financially dependent which includes, but is not limited to
the following:

1. withdrawal of financial support or preventing the victim from

engaging in any legitimate profession, occupation, business
or activity, except in cases wherein the other spouse/partner
objects on valid, serious and moral grounds as defined in
Article 73 of the Family Code;

2. deprivation or threat of deprivation of financial resources

and the right to the use and enjoyment of the conjugal,
community or property owned in common;

3. destroying household property;

4. controlling the victims' own money or properties or solely

controlling the conjugal money or properties.

2. GAD Fund - At least five percent (5%) of the total agency budget
appropriations as authorized under the Annual General
Appropriations Act, which shall correspond to activities
supporting GAD. (Department of Budget and Management ,
National Economic and Development Authority, National
Commission on the Role of Filipino Women - Joint Circular
No. 2004-1, General Guideline No. 4.4)

SECTION 4. SCOPE AND APPLICABILITY –

This ordinance shall apply to all qualified indigent Women and Children as
certified by the CSWD under the jurisdiction of the City of Cabadbaran who
is/are VAWC Victim/s as herein defined;
City Ord. No. 2009-08 - -/
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SECTION 5. GENERAL GUIDELINES -

a. There shall be an appropriation of One Hundred Thousand Pesos

( P 100,000.00) annually starting year 2010 to be taken from the
General Fund for the purpose of implementing this Ordinance;

b. The Fund shall be used to subsidize the victim’s expenses which covers
litigation related processes, reproduction of pertinent documents,
mobilization, medical expenses, examination fees, neurological
examination fees, medico-legal fee, psychological assessment fee
including board and lodging;

It shall not be used to cover the Attorney’s fees whose services

may be availed of by the litigant through the Public Attorney’s Office
(PAO);

d. The Fund shall be subject to the standard government procedures on

disbursement, liquidation, post-release evaluation and audit.

SECTION 6. IMPLEMENTATION -

The procedures in the implementation of the herein ordinance - which

covers information dissemination, screening and identification of the fund
beneficiary, processing of documents, release and disbursements of funds
including liquidation and submission of post-activity reports, shall adopt the
Implementation Guideline which shall be created by the CSWD to be
approved by City Chief Executive. The Guideline shall be evaluated
periodically and adjusted to meet the existing conditions and circumstances.

The City Social Welfare and Development Office (CSWD) under the
Office of the City Mayor shall be tasked to implement this Ordinance and
shall not be precluded to engage in a partnership undertaking, other
qualified Non-Government Organization (NGOs), especially Women’s
Organization, when the situation requires.

SECTION 7. SUSTAINABILITY

This Ordinance shall form part of an integral approach to mainstream the

women towards addressing gender and development issues.

The City Government shall continually work towards making

initiatives to develop the women’s sector, foremost of which is the
strengthening the Women’s Crisis Center.
City Ord. No. 2009-08 - -/
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The City shall provide the bridge for the Women’s Crisis Center with
other already established organizations (government organized or otherwise) for
resource sharing, counterparting, technological transfer and other resource-sharing
schemes which will eventually redound to the benefits of the Center and the
Women in general.

SECTION 8. SUPPLETORY CLAUSE - This Ordinance shall be

suppletory in character to any existing national laws having the same purpose and
objectives.

SECTION 9.
EFFECTIVITY CLAUSE - This Ordinance shall take
effect immediately after complying with the posting requirement.

ENACTED AND APPROVED: JUNE 11, 2009

Author : Hon. Salutario B. Cuasito
Co-authors : Hon. Raykito M. Kittilstvedt
Hon. Ernesto G. Tapales
Hon. Lito B. Bulasa
Movant : Hon. Salutario B. Cuasito
Seconder : Hon. Ernesto G. Tapales

CERTIFIED CORRECT:

CEASAR JOMER Y. ONG OH

SP Member
Presiding Officer Protempore

ROBERT N. CONG
City Vice Mayor

SALUTARIO B. CUASITO HARRIS GLENN D. PUYOT

SP Member SP Member
City Ord. No. 2009-08 - -/
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ERNIE M. CENIZA DANIEL O. RACAZA

SP Member SP Member

LORITO Q. MARAGAÑAS RAYKITO M. KITTILSTVEDT

SP Member SP Member

ERNESTO G. TAPALES LITO B. BULASA

SP Member SP Member, Liga ng
Barangay Pres

MARK LITO O. POLGARINAS

SP Member, CSK Federation Pres.

ATTESTED:

NELIA T. PINUNGGAN
Secretary to the Sangguniang Panlungsod

Submitted to the Mayor

Date: ______________

APPROVED:

DALE B. CORVERA
City Mayor

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