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Republic of the Philippines City Government of Tacloban Office of the Sangguniang Barangay of Barangay 47

Ordinance No. 01-2012 An ordinance establishing the VAW Desk in Barangay 47 and the Duties and Function of the Barangay Officials in relation to Republic Act 9262 on the Anti- Violence Against Women and their Children Law. WHEREAS, Sec. 391 (1)of the Local Government Code of 1991 provides that the Sanguinang Barangay, as the legislative body of the Barangay enact ordinances as may be necessary to discharge the responsibilities conferred upon it by law or ordinance and to promote the general welfare of the inhabiting therein; WHEREAS, in compliance with Section 2.4 of the joint DILG-DSWD-DEPED-DOH-Philippines Commission on Women Memorandum Circular No. 2010-2 dated December 9, 2010 that all Provincial Governors, City and Municipal Mayors shall ensure the establishment of a VAW DESK in every barangay with their jurisdiction. WHEREAS, the Sanguniang Barangay recognizes the state policy that values the dignity of woman and children and guarantees full respect for human rights, including the recognition of the need for the State, through its barangays, to protect the family and its members, particularly women and children, from violence and threats to their personal safety and security; WHEREAS, to this end and in accordance with RA 9262 on the Anti-Violence Against Women and their Children Law of 2004 and other applicable laws and ordinances, the State, through its barangays, shall exert efforts to address violence committed against women and their children in keeping with the fundamental freedoms guaranteed under the constitution and other human rights instruments. Now THEREFORE, be it RESOLVED as it is hereby RESOLVED by the Sanguniang Barangay of Barangay 47 of the City of Tacloban, Philippines. Section 1. Title, This Ordinance shall be known as the Ordinance Establishing the VAWS DESK of Barangay 47, its composition and the duties and functions of Barangay officials. Section 2. VAW DESK. There shall be a VAW DESK established in this Barangay which shall be responsible for accommodating and addressing any and all cases relating to RA 9262 involving the violence against women and their children of the residents within the jurisdiction of this barangay.

Section 3. Composition. Punong Barangay as Chairman and Members are: SK Chairman, Kagawad Committee Chairman on Women and Family, Kagawad Committee on Education and Social Welfare, CSWDO Representative, Woman Barangay Tanod, Lupon Member, BHRAO, Teacher, BSPO, NGOS. Section 4. Duties and Functions of Barangay Officials in VAWS cases A) Undertake an education program on Republic Act No. 9262 and on violence against women and their children and why it exist, the rights and remedies of victimsurvivors, and the duties of residents and all barangay officials. B) Have a family violence prevention program, including peer counseling for men. C) Support organizing efforts and developments programs for women in the community; D) Prioritize livelihood projects for victim- survivors; E) Involve women in planning and implementation of all programs and project in the barangay; F) Have an anti-VAWS desk officer in the Barangay who shall coordinate a one stop help desk. As much possible, this help desk shall be open 24 hours; G) Ensure that all barangay officials, barangay health workers, barangay nutrition scholars, other barangay workers and tanod or barangay security officers undergo gender sensitivity seminars to enable them to respond to victims of violence; H) Develop a system to document and report cases of VAWC and assistance program to victims thereof; and I) If applicable/ necessary, prescribe additional guidelines and standards provided that these are consistent with the act. Section 5. Procedure in handling VAWC Cases at the Barangay level. A) Upon being informed of an act of VAWC, the barangay official shall immediately verify the information. If necessary, said official shall seek the assistance of the police; B) Respond immediately to a call for help request for assistance or protection of the victim-survivor by entering the dwelling whether or not protection order has been issued and ensure the safety of the victim-survivors; C) Interview the victim-survivors and the witnesses to determine the facts, and inform the victim survivors of their rights and remedies. To preserve the testimony of the victim-survivors and the witnesses, said official should document the interview in writing or record the testimonies by audio or video tape with consent of the victimsurvivor. All records pertaining to cases of VAWC including those in barangay shall be confidential, and all public officers and employees and public or private clinics or hospitals shall respect the right to privacy of the victim-survivor; D) Arrest the perpetrators even without a warrant when of the acts of violence is occurring, or when said barangay official has personal knowledge that any act of

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abuse has just been committed, and in the presence of imminent danger to the life or limb of the victim-survivor. The barangay official shall confiscate any deadly weapon in the possession of the perpetrator or within plain view; Transport or escort the victim-survivor to the nearest hospital, or available medical facility for treatment and medico-legal examination. Said official shall assist the victim-survivors to secure the medico-legal report; If the perpetrator is not immediately arrested, advised him or her to temporarily leave the house to prevent violence, or encourage her or him to go to the barangay center, DSWD, LGU, or NGO, church or other groups that provide counseling for perpetrators; In the event that the victim-survivors have to be placed in a shelter or a safe place of their choice, the barangay official shall assist them in taking their personal belongings and taking their children and transfer to a shelter or safe place; Report the incident and refer the victim-survivor to the Local Social Welfare and Development Office of the LGU within four (4) hours from the time of reporting. Said official shall also report the incident to the Women and Childrens Protection Desk at the nearest Police Station within the same period; In case where the victim-survivor applying for a BPO is a minor, any barangay official shall assist the victim-survivor and shall refer him/her to NGOS, social workers for counseling, temporary shelter and other support services; Monitor compliance of the respondent with the BPO; Ensure the safety and continued support to the victim-survivor and her family during the 15-day period; Assist the victim-survivors in filing the appropriate complaint with the PNP Women and Childrens Protection Desk or other law enforcement agencies; Ensure that all pertinent documents of the said cases are forwarded to the PNP Women and Childrens Protection Desk; Have a separate logbook for complaints and cases of VAWC and keep this confidential, always ensuring the privacy of the victims; Shall not attempt to influence the victim-survivor to abandon her claims. All forms of amicable settlement under the Katarungang Pambarangay such as mediation, settlement, conciliation, arbitration shall not apply to cases of VAWC in the ACT; and If the relief requested or applied for involves the failure to provide support to the woman or her children, especially for their education and medical needs, the Punong Barangay or in his/her absence, any Kagawad, shall call the respondent for counseling and explain to him his legal obligation to support his wife and/or minor children. This shall not be construed to mean as a mode of conciliation or mediation and must be done only with the presence of the respondent, without the victimsurvivor or applicant. Any barangay official or law enforcer who fails to report the incident of VAWC to the PNP shall be liable for a fine not exceeding Ten Thousand Pesos (10,000) or whenever applicable criminal, civil or administrative liability. Administrative

complaints against the barangay official for failure to perform her or his duties shall be filed with the Sangguniang Panglungsod or Bayan for gross neglect of duty or misfeasance. Section 6. Repealing Clause. All previous Barangay Ordinances, Resolutions contrary and inconsistent with the provision of the foregoing Ordinance are hereby deemed repealed. Section 7. Separability Clause. If any provision of this Ordinance is held or declared to be unconstitutional or invalid by a competent Court, the other provision hereof shall continue in force and effect, as if the provision so annulled or voided had never been incorporated in this Ordinance. Section 8. Effectivity. This Ordinance shall take effect within fifteen (15) days after its posting ENACTED, 2012.

I HEREBY CERTIFY to the correctness of the above-mentioned Ordinance.

_______________________ Barangay Secretary

ATTESTED: ______________________ _____________________ ______________________ ________________________ ________________________ ________________________ _______________________ _______________________ _______________________ APPROVED: ________________________ Punong Barangay

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