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SANGGUNIANG PANLUNGSOD NG MARIKINA
PRESENT:
HON. FABIAN I. CADZ,M. D. City Vice-Mayor/
Presiding Offrcer
1"t DISTRICT
HON. RONNIE S. ACUiIA City Councilor
HON. JOSEPH B. BANZON City Councilor
HON. WILLIE N. CHAVEZ City Councilor
HON. MARIOM. DELEON City Councilor
HON. SAMUEL S. FERRIOL City Councilor
HON. EVAAGUIRRE-PAZ City Councilor
HON. THADDEUS ANTONIO M. SANTOS, JR. City Councilor
2MDISTRICT
HON. ARIEL V. CUARESMA City Councilor
HON. PAUL B. DAYAO City Councilor
HON. MARK ALBERT J. DEL ROSARIO City Councilor
HON. ERNESTOM. FLORES City Councilor
HON. SUSANAP. MAGTUBO City Councilor
HON. RUBENR. REYES City Councilor
HON. XYZA DIAZEN-SANTOS City Councilor
HON. ROMMEL F. ORTZ City Councilor
SECTORAL REPRESENTATIVE
HON. LEVYDL. DE GUZMAN ABC President/
City Councilor
ON OFFICIAL LEAVE:
HON. FRANKIEC. AYUSON City Councilor
ORDINANCE No.036
Series of20l5
ORDINANCE ADOPTING THE MARIKINA CITY GENDER A-IID DEYf,LOPMENT
CODE OF 2015
Sponsored by: Councilor PAUL B. DAYAO
Co-Sponsored by: Councilor EVA ACUIRRE-PAZ
Councilor SAMUEL S. FERRRIOL
Councilor SUSANA P. MAGTUBO
Counci lor XYZA DIAZEN-SANTOS
Councilor RONNIE S. ACUfrIA
Councilor FRANKIE C. AYUSON
Councilor JOSEPH B. BANZON
Councilor WILLIE N. CHAVEZ
Councilor ARIEL V. CUARESMA
"tt'
Ordirunce No.0i6
S,eries of 20 I 5
Councilor MARIO M. DE LEON
Councilor ERNESTO M. FLORES
Councilor ROMMEL F. ORTZ
Councilor RUBEN R. REYES
Councilor THADDEUS ANTONIO M. SANTOS, JR.
Councilor LEW DL. DE GUZMAN
And Vice-Mayor JOSE FABIAN I. CADZ, M. D.
BE IT ORDAINED, AS IT IS HEREBY ORDATNED BY THf, CITY COUNCIL OF
MARIKINA, in session duly assembled that:
CHAPTERI
GEI\IERAL PROVISIONS
*Marikine
SECTION I. TITLE: - This Ordinance shall be known and cited as the City Gcnder and
Developmcnt (GAD) Ordinance," hereinafter called the "GAD Code."
SECTION tr. PHIIOSOPHY TOWARDS GENDER AND DEVELOPMENT - The GAD
Code forwards the Protection and Promotion of the Family as a means to mainstream Gender and
Development in all institutions in Marikina City.
(a) The history of Marikina tells the story of communities that have advanced socio-culturally,
economically, and politically - and continues to do so - through strong family and kinship.
The family serves as the fundamental social unit by which Marikina has promoted and protected
the individual and collective rights of its women, men, and childrcn consfituents.
O) Family values advance community values. In turn" both family values and community values
help individuals promote gender equality on one hand and deter conscious and unconscious
biases on the other.
(c) As a State institution, the City Govemment recogrizes its vital role in promoting family values
and strengthening family ties as pathways to Gender and Development for Local Govemment
Units (LGUs). In doing so, the City Govemment shall establish and sustain communities where
families and individuals live with pride and diguty. It shall promote a safe and harmonious
environment for all its constituents by eliminating gender violence and discrimination, and shall
ensure that women, childrerL LGBT flesbian, gay, bisexual, and transgender] persons, older
members of the family, and persons with disabilities (PWDs) who fall victims to injustice are
ultimately empowered.
SECTION III. GUIDING PRINCIPLES ON G(X)D GOVERNANCE The GAD Code
forwards the Human Righh-based Approach to Development as a way to mainstream Gender
and Development in all institutions in Marikina City. In practice, this rights-based approach
delineates LGUs as "duty bearers" and local constituents as "rights holders." From the perspective
of gender equity in public service, the GAD Code should be able to assist the City and Barangay
Govemments of Marikina to identiff, enhance, harmonize, and sustain programs, projects, and
activities that are family oriented and getrder responsive. Accordingly, LGUs of Marikina and their
partner networks shall encourage members of the family to shift their beliefs from gender
stereotypes to one that promotes gender fairness and gender equality. In doing so, the LGUs of
Marikina City shall endeavor to: ,.
Page 3 oJ.........26
(a) SAFEGUARD atrd PROMOTE the holistic development of families, recognizing that the
family is a person's first social contact and the primary environment where gender as a
construct is concefiualized;
(b) IIPHOLD the universal h"man rights of individuals, recognizing that these rights are
inalienable, indivisible, and inlrcrent to all;
(c) PRoTECT the digrity of women through acts and measure of faimess, equality, and justice,
the aim of which is to achieve women empowerment;
(d) PROMOTE the "best interest of children" so tlley can reach their full potential;
(e) PROHIBIT discrimination based on sexual orientation and gender identity commonly
perpetrated against LGBTs; and
(0 PRoMorE the globally agreed development goal where "gender rights are human rights."
SECTION ry. LEGAL MAIIDATES - The GAD Code is adopted in line with intemational,
national, and local mandates that protect the basic human rights of individuals, forward the
importance of families, and promote principles of good govemance.
(a) International Commitrnents of the Philippine Govemment
l. Universal De:laration of Human Rights @ffectivity: 10 December 1948)
2. lnternational Covenant on Economic, Social, and Cultural Rights (Effectivity: 3 January
1976)
3. Intemational Covenant on Civil and Political Rights (Effectivity: 23 March 1976)
4. Convention on the Elimination of All Forms of Discrimination Against Women
(Effectivity: 3 September l98l )
5.
Convention on the Rights of the Child @ffectivity: 2 September 1990)
6.
Beijing Platform for Action (Effectivity: 15 Sepember 1995)
7. IIN Millennium Development Goals (2007-2015) (Effectivity: September 2000)
8.
Convention on the Protection of the Rights of AII Migrant Workers and Members of
Their Families @ffectivity: I July 2003)
9.
Convention on the fughts of Persons with Disabilities (Effectivity: 3 May 200g)
10. Yogyakarta Principles on the Application of International Human Rights Law in relation
to Sexual Orientation and Gender Identity @ffectivity: November 2006)
11. UN Human fughts Council's resolution on "Human Rights, Sexual Orientatiorg and
Gender Identity," Twenty-seventh session @fflectivity: 22 September 2014)
(b) National Laws and Policy Guidelines
Gcnerel
12. The 1987 Philippine Constitution
13. Family Code of 1987 @O 209)
14. Civil Code ofthe Philippines of 1949 (RA 386)
15. Revised Penal Code ofthe Philippines of 1930 (RA 3815)
16. Local Govemment Code of 1991 (RA 7160)
On lYomcn
17.Magna Carta of Women of 2009 (RA 9710)
18. Anti-Violence Against Women and their Children Act of 2004 (RA 9262)
19. Rape Victim Assistance and Protection Act of 1998 (RA 8505)
20. AntiRape Law of 1997 (RA 8353) /
/fn
Ordbwtce No.0i6
Series of 2015
21. Anti-Sexual fbrassment Act of 1995 (RA 7877)
22. Women in Development and Nation-Building Act of 1992 (RA 7192)
23."An Act Strengthening the Prohibition on Discrimination against Women with Respect
to Terms and Conditions of Employment, Amending for the Purpose Article 135 of the
Labor Code" of 1989 (RA 6725)
24. Solo Parent Welfare Act of 2000 (RA 8972)
On Education
25. Anti-Bullying Act of20 l3 (RA 10627)
26. Enhanced Basic Education Act of2013 (RA 10533)
27. Governance of Basic Education Act of200l (RA 9155)
On Youtt and Childrcn
*An
28. Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating
ttre Juvenile justice and Welfare Council under the Deparunenr of Social Welfare and
Development, Appropriating Funds therefor, and for Other Purposes" of 2012 (RA
10630)
29. Juvenile Justice and Welfare Act of2006 (RA 9344)
30. Special Protection of Children Against Abuse, Exploitation, and Discrimination Act of
1992 (RA 7610)
31. Child and Youth Welfare Code of 1974 (PD 603)
32. Foster Care Act of2012 (RA 10165)
On Hcdth
33. Responsible Parenthood and Reproductive Health Act of20l2 (RA 10354)
On Eldcrly
34. Expanded Senior Citizens Act of2010 (RA 9994)
35. Mandatory PhilHealth coverage for all senior citizens @A 10645)
On Lebor Rclations
36. Expanded AntlTrafficking in Persons Act of2012 (RA 10364)
37. Domestic Worken Act/Batas Kasambabay of 2012 (F.A 10361)
38. Anti-Trafficking in Persons Act of2003 (RA 9208)
39. Labor Code ofthe Philippines (PD 442)
Oo Mcdia
40. Cybercrime Prevention Act of2012 (RA 10175)
41. Anti-Photo and Video Voyeurism Act of2009 (RA 9995)
On Environmcnt
42. Climate Change Act of2009 (RA 9729)
43. Philippine Disaster Risk Reduction and lvlanagement Act of 2010 (Rr{ 10121) ,.
Series of 20 I 5
OnPWDS
44. "An Act Establishing An Institutional Mechanism To Ensure The Implementation Of
Programs And Services For Persons With Disabilities In Every Province, City And
Municipality, Amending Republic Act No. 7277, Otherwise Known As The 'Magna
Carta For Disabled Persons", As Amende4 And For Other Purposes (2009) (RA 10070)
(c) Local Resolutions and Ordinances Of Marikina City
OnWomcn
45. Ordinance No. 102 S. 1993: "AIDS Prevention Ordinance"
46. Ordinance No. 154 S. 1995: "Ordinance creating the Women's Affairs and Development
Council (WADC) and providing its powers and functions"
47. Ordinance No. 104 S. 1996: "Ordinance establishing a development and productivity
skills training center for disable penon and disadvantaged women in Marikina and
appropriating funds for the purpose"
48. Resolution No.249 S. 1996: "Resolution Accrediting the 'Kababaihan ng Marikina para
sa Kaunlaran, Kabuhayan at Kapayapaan ofthe Municipality"
49. Resolution No. 294 S. 1996: "Resolution requesting the Municipal Health Office to
initiate programs that will urge./encourage women, aged 35ylo and above, who are
taking birth control pills to undergo regular Pap smear"
50. Resolution No. 99 S. 1997: "Resolution to issue information bulletin waming people
about the danger of smoking to pregnant women and the unborn chi1d"
51. Ordinance No. 206 S. 1998: "Ordinance creating a menopause clinic for women in the
City Health Office in Marikina"
52. Ordinance No. 109 S. 2008: ordinance creating the breast cancer trust fund for the
'Ating Dibdibin' program of the City Govemment of Marikina"
53. Resolution No. 183 S. 2009: "Resolution supporting the RA 9710, otherwise known as
the Magna Carta of Women, signed by H.E. President Gloria Macapagal-Arroyo on
August 14,2009"
54. Resolution No. 006 S. 201 1: "Resolution creating tle Marikina City Gender and
Development Management Team"
55. Resolution No. 08 S. 201 1: "Resolution requiring all Barangay governments of Marikina
City to desigrrate a Women's desk in their respective Barangay Flalls to attend to cases
of abuse and violence against women"
56. Resolution No. 22 S. 2012: "Resolution Designating a Courtesy Lane for Pregnant
Women Flaving Business Dealings or Official Transaction with the City Govemment
Oflices of Marikina for their Ease and Convenience"
57. Ordinance No. 22 S. 2013: "Ordinance creating the Committee on Decorum and
Investigation of Sexual Harassment Cases"
On Youth and Childrcn
58. Ordinance 91 S. 1997: "Ordinance prohibiting solicitations by or giving alms to street
children and beggars and providing penalties for violation thereof'
59. Resolution No. 62 S. 1997: "Resolution requesting all public and private hospitals and
clinics within the City of Marikina to report all cases of child abuse to the Department of
Social Welfare and Development"
60. Ordinance No. 7l S. 2000: "Ordinance prescribing rental fees for the use of the
Marikina Youth Camp'-
Ordbwrce No.036
Series of 201 5
61. Ordinance No. 181 S. 2002: "Ordinance adoping a comprehensive juvenile care and
development program in Marikina City"
62. Ordinance No. 047 S. 2005: "Ordinance amending ordinance No. 181 S. 2002 entitled
'Ordinance adopnng a comprehensive juvenile care and development program in
Marikina City"'
63. Resolution No. 01 5.2006: "Resolution to establish a safe haven as temporary shelter for
abandoned or abused street children and battered women"
64. Ordinance 98 S. 2007: Creating Local Councils for the Protection of Children in
Conflict with the law and Children at Risk in the City of Marikina"
65. Resolution No. 12 S. 2010: "Resolution to Provide Bigger Facility for Children in
Conflict with the law''
66. Ordinance No. 039 S. 2014: "Ordinance adopting youth privilege card in the City of
Marikina and granting discounted fees for select6d govemment services"
67. Ordinance No. 040 S. 2014: "Ordinance creating the Marikina Youth and Adolescent
Health and Wellness Centcr (MYAHWC) and approp,riating funds for the purpose
thereof'
On Education
68. Ordinance No. 44 Series of 2010: Ordinance Appropriating The Amount Of Fifteen
Million Pesos @hp15,000,000.00) For The Educational Assistance To Students Residing
In The City Of Marikina
On PIYDs
69. Ordinance No. 115 S. 2004: "Ordinance providing free admission of special and
handicapped children in all city-owned /operated sports and amusement parks and
facilities"
70. Ordinance No. 015 S. 2014: "Persons with Disabilities Code of Marikina"
On Hcrlth
71. Resolution No. 15 S. 1997: "Resolution Calling for the Implementation of RA 7883,
Otherwise Known as the Barangay Health Workers Benefits and Incentive Act of 1995,
and its Implementing Rules and Regulations"
72. Ordinance No. 153 S. 2007: "Ordinance amending Ordinance No. 061 S. 2006 Creating
a Local AIDS Council in the City of Marikina"
73. Ordinance No. 52 S. 2008: "Ordinance Creating PhilHealth TB-DOTS Fund and
Goveming the Utilization Thereof'
74. Ordinance No. 57 S. 2008: "Ordinance granting montl y hazard pay to all employees of
the City Health Offrce of ldarikina equivalent to 10% of their present basic salaries,
pusuant to RA 7305"
75. Ordinance No. 188 S. 2009: "Ordinance Adopting the Sanitation Code of Marikina
City"
76. Ordinance No. O31 Series Of 2012: Ordinance Regulating The Birthing Homes/Clinics
In The City Of Marikina .
/fllr
Ordirwte No.036
series of 2oI5
on Labor Rerrrtions
77. Resolution No. 23 S. 2010: "Resolution requesting the Marikina PNP to provide police
visibility on all suspected and/or identified standby areas of'Pick-up Girls' or women
engaged in Fostitution activities in the City of Marikina"
78. Ordinance No. 071 S. 2012: "Ordinance establishing the OFW and the Family Circle
Help Desk Center under the Labor Relations and Public Employment Service Office
(LRPESO) inthe City of Marikina"
On Elderly
79. Ordinance No. 023 S. 2013: "Seniors Citizens Code of Marikina"
80. Ordinance No.37 Series Of 2011: Ordinance Providing Annual Free Flu Vaccine
Injection To All Senior Citizens And Persons With Disability In The City Of Marikina,
And Appropriating A Certain Amount For The Purpose
0n Environment
81. Ordinance No. 49 Series Of 2011 "Marikina City Climate Change Ordinance"
(d) Calendar Dates
82. March 8 -'National Women's Day" (RA 6949 and Resolution No. 99 S. 1997)
83. Whole month of March - National Women's Health Month of the Department of Health
(Resolution No. 31 S. 1999)
84. May 15 - "Intemational Day of Families," as observed by the LJN General Assembly in
1993 with resolution A/RES|411237
85. October 11 - 'Ordinance to observe and celebrate October 11 of every year in the City
of Marikina as the 'Intemational Day of the Girl Child' as declared by the United
Nations" (Resolution No. 67 S. 2012)
86. November 25 / November 25-Decernebr 12 - 'National Consciousness Day for the
Elimination uf Violence Against Women and Children" (RA 10398) and the "18day
Campaign to End Violence Against Women" (Presidential Proclamation No. I 172)
87. Third Sunday of July - "Kasambahay Day" in the City Of Marikina (Ordinance No.8l
Series of 2009)
SECTION V. DEFINITION OF TERMS - Whenever used in this GAD Code, the terms
hereunder shall use the following definitions:
(a) Barrier-free environment - A space that allows free and safe movement, function and access
for all, regardless ofage, sex or condition, a space or a set of services that can be accessed
by all, without obstacles, with digmty and with as much independence as possible. The
environment means buildings, roads, parks, gardens and other places, service, modes of
transportation, products of daily use, etc.
(b) Battery - An act of inflicting physical harm upon the woman or her child resulting to
physical and psychological or emotional distress.
(c) Best interest ofthe child - Refers to the totalif of the circumstances and conditions, which
are most congenial to the survival, protection, and feelings of security of the child, and most
encouraging to the child's physical, psychological, and emotional development. It also -
r(m
(d) Bullying - Any severe or repeated use by one or more students of a written, verbal or
electronic expression, or a physical act or gesture, or any combination thereof, directed at
another student that has the effect of actually causing or placing the latter in reasonable fear
of physical or emotional harm or damage to his property; creating a hostile environment at
school for the other student; infringing on the rights of the other student at school; or
materially and substantially disrupting the education process or the orderly operation of a
school.
Child - A person 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 ofa physical or mental disability or condition.
(0
Child at risk - A child who is vulnerable to and at the risk of committing criminal offenses
because of penonal, family and social circumstances, such as but not limited to the
following: (1) being abused by any person througlr sexual, physical, psychological, mental,
economic or any other means, and the parents or guardian refise, are unwilling, or unable to
provide protection for the child; (2) being exploited including sexually or economically; (3)
being abandoned or neglected, and after diligent search and inquiry, the parent or guardian
cannot be found; (4) coming from a dysfunctional or broken family or without a parent or
guardian; (5) being out of school; (6) being a street child (7) being a member ofa gang; (8)
living in a community with a high level of criminality or drug abuse; and (9) living in
situations of armed conflict.
(g) Children in conflict with the law - A child who is alleged as, accused of, or adjudged as
having committed an offense under Philippine laws.
Children in need of special protection - Children who are sexually and physically abused,
abandoned, or neglected.
(D Common properties - Properties jointly owned by the victim and offender, or acquired thru
theirjoint efforto and resources.
0) Cybersex - The willful engagement, maintenance, control, or operation, directly or
indirectly, of any lascivious exhibition of sexual organs or sexual activity, with the aid of a
computer system, for favor or consideration.
Family - A basic social institution that public policy cherishes and protects. It refers to two
or more persons who share common resources, share responsibilities for decisions, share
values and goals, and have a common commitsnent to each other over time. In this GAD
Code, the family shall p€rtain to traditional and non-traditional families. Traditional
families are those whose members are related through blood, adopion, or marriage.
Meanwhile, non-traditional families shall refer to such persons who reside under one roof
and form one domestic circle; it shall include guardians and their ward, live-in partnen,
live-in partners and their children (whether common or belonging to one partner only), and
foster parenUs and abandoned, neglected or abused child/children in their care.
0) GAD database - Datalinformation system that contains all sex-disaggregated data and
gender statistics covering all socioeconomic aspects of local governance, as per barangay
and city reports.
GAD plan and budget - A systematic approach to gender mainstreaming, carried out by all
government instrumentalities, through the annual development and implementation of
programs, activities and projects and ad&essing gender issues and concems in their
respective organizations, sectors and constituencies by utilizing at least 5% of their total
budget allocatiorr.
Gender - Social attributes and opportunities associated with being male and female and the
relationships between women and men and girls and boys, as well as the relations between
women and those between men.
Gender analysis - A framework to compare the relative advantages and disadvantages faced
by women and men in various spheres of life, including the family, workplace, school,
community and political system. It also tales into account how class, age, race, ethnicity,
culture, social and other factors interact with gender to produce discriminatory results.
Gender and Development - The development perspective and process that is participatory
and empowering, equitable, sustainable, free from violence, respectful of human rights,
supportive of self-determination and actualization of human potentials. It seeks to achieve
gender equality as a fundamental value that should be reflected in development choices and
contends that women are active agents of development, not just passive recipients of
development.
Gender equality - The principle asserting the equality of men and women and their right to
enjoy equal conditions realizing their full human potentials to contribute to and benefit from
the results ofdevelopment, and with the State recognizing that all human beings are free and
equal in dignity and rights.
(r) Gender equity - Policies, instruments, programs, services, and actions that address the
disadvantaged position of women in society, [thus] providing preferential treatment and
affrrmative action to them.
(s) Gender mainstreaming - In the Philippine context, gender mainstreaming is: (l) the
process of analyzing existing developmental paradigms, practices, and goals; (2) assessing
the implications for women and men ofexisting and planned actions in legislation, policies,
programs, projects, and institutional mechanisms; (3) transforming existing social and
gender relations by consciously integrating gender concerns in the design, development
goals, implementation, and monitoring and evaluation of policies, progrzrms and projects,
and legislative action in all political, economic, and social spheres so that women and men
benefit equally and inequality is not perpetuated (i.e., ECOSOC Agreed Conclusions
199712); and (4) the government strategy to make national agencies, instrumentalities, and
the LGUs work for gender equality and women empowerment.
(t) Gender sensitivity - The ability to recognize gender issues and to recognize gender's
different perceptions and interests arising from their social positions and gender roles. From
an individual standpoint, it is one's profound understanding and respect over another
person's gender orientation and/or preference.
Gender violence/Gender-based Violence - Violence is an act committed with the deliberate
or perceived intention of hurting another person. A specific form of violencg gender assault
is committed against a person due to the person's being female or male. In literature, the
term gender violence is used interchangeably with "violence against women" since females
are more often the victims. More recently, "gender-based violence" is used to refer to
gender assault.
Geriatrics - The branch ofmedicine or social science dealing with the health and care ofold
people.
Human Rights-based Approach to Development - A conceptual framework for the process
of human development that is normatively based on intemational human rights standards
and operationally directed to promoting and protecting human rights. It seeks to analyze
inequalities which lie at the heart of development problems and redress discriminatory
practices aad unjust distributions ofpower that impede development progress.
Indigent - A person who has no visible means of income, or whose income is insuffrcient
for the subsistence ofhis family, as identified by the DSWD based on specific criteria.
Lesbian, gay, bisexual, and transgender or LGBT - Persons whose sexual orientations and
gender identity are non-heterosexual or non-cisgender (or non-transsexual).
Marginalization - A social category referring to persons, either individually or collectively
(i.e., marginalized sector), whose income falls below the "Annual per Capita Poverty
Threshold" and "Poverty Incidence among Families" set by NEDA.
(aa) Occupational safety and health - The promotion and maintenance of the highest degree of
physical, mental, and social well-being of workers in all occupations, and calls for the
Page l0 of........26
prevention of any impairment in the health and well-being of workers caused by their
working conditions or work environment.
(bb) Offender - shall refer to ary person who has committed any of the prohibited acts of gender
violence.
(cc) Person with disability - Penons suffering from restriction or different abilities as a result of
a mental, physical, or sensory impairment to perform an activity in the manner or within the
range considered normal for a human being. The classification of PWDs include but are not
limited to: person with intellectual disability, person who is deaflhard of hearing, visually
impaired, wheelchair user, person with a physical disability, little person, person with Down
syndrome, person with seizures, person with mental illness, person with epilepsy, or person
in coma,/comatose, among others.
(dd) Photo or video voyeurism - The act of taking photo or video coverage ofa person or group
of persons performing sexual act or any similar activity or of capturing an image of the
private area of a person or persons without the latte/s consent, under circumstances in
which such persor/s has/have a reasonable expectation of privacy, or the act of selling,
copying, repioducing, broadcasting, sharing, showing or exhibiting the photo or video
oi recordings of such sexual act or similar activity, or private part of a person
" tho r* or uu gg h" VCD/DVD, internet, cellular phones and similar means or device without the
written consent of the person/s involved" notwithstanding that consent to record or take
photo or video coverage of same was given by such person.
(ee) i,omography - Any representation, through publication, exhibition, cinematography,
indecent ihows, information technology, or by whatever means, of a person engaged in real
or simulated explicit sexual activities or any representation of the sexual parts of a person
primarily for sexual purposes.
(ff) irotection Order - An order issued by a barangay official or by the court for the pwpose of
safeguarding the victim-survivor from further harm and for reliefs'
(gg) Seni-or Citizen/Elderly - Any resident citizen ofthe Philippines at least sixty (60) years old.
An "indigent senior citizen" is an elderly who is without pension or permanelt source of
income, compensation, or regular and appropriate financial assistance from hjVher relatives
to support hiVher basic needs, as determined by the DSWD in consultation with the
National Coordinating and Monitoring Board.
(hh) shelter (or Safe place) - Any home or institution maintained or managed by the DSWD or
by any other agency o. voluntary organization accredited by the DSWD for the purpose of
assuring the safety of victims of abuse as provided by national laws, or any other suitable
place the resident of which is willing temporarily to receive the victim.
(ii) Social protection - Policies and programs that seek to reduce poverty and vulnerability to
risks and enhance the social status and rights [of all persons], especially the marginalized,
by promoting and protecting livelihood and employment, protecting against hazards and
sudden loss of income, and improving people's capacity to manage risk. Its components are
labor market programs, social insurance, social welfare, and social safety nets.
CI) Solo parent - Any individual who falls under any of the following categories: (l) A woman
who gives birth as a result of rape and other crimes against chastity even without a final
conviction of the offender: Provided, That the mother keeps and raises the child; (2) Parent
left solo or alone with the responsibility of parenthood due to death ofspouse; (3) Parent left
solo or alone with the responsibility of parenthood while the spouse is detained or is serving
sentence for a criminal conviction for at least one year; (4) Parent left solo or alone with the
responsibility of parenthood due to physical or mental incapacity of spouse as certified by a
public medical practitioner; (5) Parent left solo or alone with the responsibility of
parenthood due to legal separation or de facto separation from spouse for at least one (1)
year, as long as he/she is entrusted with ttre custody of the children; (6) Parent left solo or
alone with the of parenthood due to declaration of nullity or annulment of
^esponsibility
marriage as decreed by a court or by a church as long as he/she is enlrustedrvith the custody
ofthe children; (7) Parent left solo or alone with the responsibility of parenthood due to
ll
Page ot........26
abandonment of spouse for at least one year; (8) Unmarried mother/father who has preferred
to keep and rear her/his child/children instead of having others care for them or give them
up to a welfare institution; (9) Any other person who solely provides parental care and
support to a child or children; and (10) Any family member who assumes the responsibility
of head of family as a iesult ofthe death, abandonment, disapp€arance or prolonged absence
ofthe parents or solo parent.
(kk) Support - Comprise everything indispensable for sustenance, dwelling, clothing, medical
attendance, education and transportation, in keeping with the financial capacity of the
family. It is a legal obligation imposed upon husbands and wives, legitimate ascendants and
descendants, parens and their children, and legitimate brothers and sisters.
(ll)
Violence against women - Any act that results in or is likely to result in physical, sexual, or
psychological harm or suffering to womerl including threats of such acts, coercion, or
arbitrary deprivation of liberty, whether occurring in public or in private life.
(mm) Violence against children - Any form of malteatrnent of a child/minor, whether habitual or
not, which includes physical, psychological, sexual or economic abuse.
(nn) Violence against women and their children - 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 chil4 or
against her child whether legitimate or illegitimate, within or outside 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.
(oo) Violence against lesbiaq gay, bisexual, and transgender (LGBT) persons - Acts of violence
that are commitfed based on sexual orientation and gender identity.
(pp) Women empowerment - The provisioq availability, and accessibility of opportunities,
services, and observance of human righs which enable women to actively participate and
contribute to the political, economic, social, and cultural development ofthe nation as well
as those which shall provide them equal access to ownership, management, and control of
productioq and of material and informational resources and benefis in the family,
community, and society.
(qq) Women in especially difficult circumstance - Victim-survivors of sexual and physical
abuse, illegal recruixnen! prostitutioq traffrcking, armed conflict, women in detention,
victim-survivors of rape and incest, and such other related circumstances which have
incapacitated them functionally. Local govemment units are therefore mandated to deliver
the necessary services and interventions to WEDC under their respective jurisdictions.
SECTION \rI. ACRONYMS
ALS - Altemative Leaming System
CBMS - Community-based Monitoring System
CODI - Committee on Decorum and lnvestigation
CSO - Civil Society Organization
DBM - Departrnent of Budget and Management
DILG - Dlepartraent of lnterior and Local Govemment
DRRM - Disaster fusk and Reduction Managem€nt
DSWD - Department of Social Welfare and Development
(D
EO - Executive Order
0) ExeCom - Executive Committee
GAD - Gender and Devblopment
0) JMC - Joint Memorandum Circular
LGBT - Lesbian, Gay, Bisexual, and Transgender
LGU - Local Govemment Unit
LRPESO - Labor Relations and Public Employment Service Offrce
Page 12 of.......26
M&E - Monitoring and Evaluation
MGFPS - Marikina GAD Focal Point System
G) NEDA - National Economic and Development Authority
NGO - Non-Govemment Organization
OSH - Occupational Safety and Health
PCW - Philippine Commission on Women
PEOS - Pre-Employment Orientation Serninar
PhilHealth - Philippine Health Insurance Corp.
PWD - Person With Disability
0) RA - Republic Act
SPED- Special Education
(aa)
STI - Sexually Transmitted lnfection
(bb)
TWG - Technical Working GrouP
(cc)
VAW - Violence Against Women
(dd)
VAWC - Violence Against Women and Their Children
CEAPTf,Rtr
SPf,,CIFIC PROVISIONS
I.
Article GENDER VIOLENCE
SECTION I. POLICY Prevailing in lv{arikina is the common desire of every constituent to be
accepted and rcspected as a person. Diverse as our populace is, the beliefthat "every life regardless
of class is worthy of protection" is a principle shared by all. Accordingly, violence directed on
individuals or groups on the basis of gender shall not be tolerated in Marikina City at any time and
at any form. Gender violence is an aftont to the core value of the Marikina people. Hence, the Ctty
Government shall empower everyone to stand up against it and work towards its elimination.
SECTION IL FOR-I}IS OF GEIYDER VIOLENCE - The City Govemment of Marikina
denounces and thus prohibits violence inflicted on an individual or group on the basis of gender. In
this GAD Code, gender violence shall pertain to:
(a) Violence Against Women - Any act that results in or is likely to result in physical, sexual, or
psychological harm or suffering to womerl including threats of such acts, coerciorq or arbitrary
deprivation of liberty, whether occurring in public or in private life.
(b) Violence Against Children - any form of maltreaunent of a child/minor, whether habitual or
not, which includes physical, psychological, sexual or economic abuse.
(c) Family Violence - Acts of physical, sexual, psychological, or economic abuse committed by a
family member against any of his/her family members who are wlnerable to abuses,
particularly women and their childrerL the elderly, the LGBT, and the PWDs.
(d) Violence Against LGBT Persons - Acts of violence that are committed based on sexual
orientation and gender identity.
m
SECTION PROEIBITED ACTS - The following acts committed in the conGxt of violence
against women, violence against children, family violence, and violence against LGBTs, are strictly
prohibited:
(a) Physical Abuse - Acts that include bodily or physical harm, including battery.
(b) Sexual Abuse - Acts that are sexual in nature, which include but are not limited to:
4*
Page l3 o1........26
Ordinance No.036
. Series of 2015
1. Rape, sexual assault, sexual harassment, acts of lasciviousness, photo or video
voyeurism, forcing the victim to watch pomography, forcing the person to participate in
cybersex, or p€rform indecent sexual acts, or make films thereof;
2.
Acts causing or attempting to cause the victim to engage in any sexual activity by force,
threat of force, physical or other harm, threat of physical or other harm, or coercion; and
3. Prostituting an individual or her child.
(c) Psychological Abuse - Acts or omissions causing or likely to cause mental or emotional
suffering of the victim, such as but not limited to:
1. Stalking, threats of physical harm to the victim or victim's family, harassment, verbal
abuse, defamation, and public ridicule or humiliatioq and other similar acts committed
by, tkough and with the use of information and communications technologies;
2. Deprivation of the right to custody and/or visitation of the common child or threats
thereof; and
3.
Marital Infidelity.
(d) Economic Abuse Acts whereby a person has control over another's access to economic
resources that diminishes the victim's capacity to be self-supporting and forces said victim to
depend on the offender financially. It shall include:
1. Preventing the victim from engaging in any legitimate profession, occupation, business
or activity;
2. Preventing the victim from obtaining education;
3. Deprivation or threat of deprivation of the right to use and enjoy "common
property/properties";
4.
Controlling the victim's own money or properties;
5. Deprivation or withdrawal of adequate "support" legally due to the victim;
SECTION IV. TH-[' MARIKINA REFERRAL SYSTEM - Strengthen the Marikina Referral
System to include not only victim-survivors of Violence Against Women (VAW) but also victim-
survivors of all forms sf gender violence, especially children victim-suryivors, children in con{lict
with law, women in especially difficult circumstance, solo parents, senior citizen/ elderly, LGBTs,
and PWDs belonging to indigent farnilies in the provision of the following services:
(a) Provide emergency/temporary shelter to gender violence victim-survivors
(b) Provide medical assistance to gender violence victim-survivors
(c) Provide legal assistance/advice to victim-survivors, which includes representation in judicial,
quasi-j udicial, and administrative agency
(d) Issuance of Protection Order For purposes of safeguarding the victim-survivor from further
harm and for reliefs, in cases involving RA 9262:
1. Barangay Protection Order - effective for 15 days
2.
Temporary Protection Order - effective for 30 days
3. Permanent Protection Order - effective until revoke by the court
(e) Provide psychological services to all gender violence victim-survivors and their family
(f) Counseling to individuals, especially those with trauma
(g) Counseling to the family of the gender violence victim-survivors
(h) E<lucatiolu training/serninars, and information campaign, including but not limited to livelihood
and skills development, allowing for the social reintegration and after-care of gender violence
victim-survivors and their children
(i) Referral to government and non-government institutions with expertise on gender violence
O Livelihood and entrcpreneurship training, including micro-financing employment, and priority
for scholarship assistance
(k) Intervention for behavior modification
Subsidized hospitalization and medical home visit for the bedridden senior citizen/elderly
-tF
Pdge 11of........26
('m )prioriry- provision for mobility equipment and prosthetic devices, diagrrosis by developmental
pediatncian, set up of special needs secondary school and technical vocational training and
referral to institutions
('n )- Specific Services for Marginalized Groups - The following will be prioritized in the provision
oi appropriate/necessary medical, legal, financial, or psychosocial services, specifically:
i. iiritat.n victim-survivors - Shelter care and referral to institutions
2. Women in Especially Diffrcult Circumstance and Solo Parents - Livelihood and
entrepreneurship training, inciuding micro-financing, employment, or priority for
scholarshiP assistance'
3. Children in conJlict with the law - Intervention for behavior modification
to
4. lndigent senior citizen - Shelter care and referral institutions, subsidized
hospitalization, and medical home visit for the bedridden elderly
5. LG|T persons from indigent families - Livelihood and entrepreneurship training,
including micro-financing or employment
6. persons with disabilitiei from indigent families - Priority provision for mobility
equipment and prosthetic devices, diagnosis by developmental pediatrician, setup of
special needs slcondary school and tecbnical-vocational training, and referral to
institutions
(o) Specific Support Services for Perpetrators of Gender Violence
1. tndigent perpetrators - Provide psychiatric and psychological screening, and gender
education and counseling
2. Financially capable pJrpetrators - Extend referral services for psychiatric and
psychologrcal sireening, Counseling, and rehabilitative treatment to institutions
sECTlo}-v.NSTITUTIoNALMECEANISMS-TheCityGovemmentshall:
(a) Initiate the harmonization of programs, projects, and activities against gender-violence of the
City government, Barangay dorJ.nln"rt, sub-national agencies, schools, and hospitals/clinics
in Marikina CitY. of
1. Formal partnerships against gender violencel - The harmonization the
aforementioned -"y U. in the form of partnerships and can be formalized through a
Memorandum of Agreement, Memorandum of Understanding, or any document that will
fulfill the objecfive thereof.
2. Informal partnerships - Expand any form of partnerships established or any anti-gender
violence net rork by tinking and working closely with non-govemment organizations
(NGOs), civil society orginizations (CSO,, private institutions/organizations, and
private individuals with expertise on gender violence'
(b) To reconcile the overlapping authorities of the two councils created under Ordinance
_working
No. 181, S. 2002 (as amendia by Ordinance No. 047, S. 2005) and Ordinance No. 98, S. 2007,
the functions of the City Council for the Welfare of Children and Family Concerns are hereby
transferred to and assumed by the Marikina Council for the Protection of Children, with the end
view of including the following objectives:
. Uphotd the rights of children against any form of violence
2. Protect the sexuaily, physically, and psychologically abused, and the abandoned and
neglected child by pioviding appropriate legal, medical, psychological, and shelter
semces/referrals, as necessary
3. Formulate a comprehensive plan for "chil&en in need" most particularly, "chil&en at
risk"
Page l5 o/........26
(c) In compliance with Resolution 01, S. 2006, the following facilities arelwill be established to
serve as the "Safe Haven for Street Children and Battered Women" in accordance with the Anti-
Violence Against Women and their Children Act (RA 9262), Juvenile Justice and Welfare Act
gA 93aa), Special Protection of Children Against Abuse, Exploitation, and Discrimination Act
,'An
(RA 7610), Act Establishing a Comprehensive Juvenile Justice and Welfare System,
Creating the Juvenile justice and Welfare Council under the Department of Social Welfare and
Development t. .l (RA 10630), and Child and Youth Welfare Code of 1974 (PD 603):
l. Bahay Pag-asa - A group care treatment and rehabilitation facility for CICL [children in
conllia with the lawl following the provisions of RA 9344 (Juvenile Justice and
Welfare Act), as amended by RA 10630, and their Irnplementing Rules and Regulations.
2. Women's Shelter - A temporary home for battered women and other women victim-
survivors of gender violence, including their children. The Women's Shelter shall also
serve as temporary shelter for sexually abused girls in need of protective custody.
3. Halfinay House - A tansition house for victims of all forms of gender violence in need
of 24-hour emergency shelter
(d) Legal Assistance Fund - Maintain a Legal Assistance Fund to provide indigent victim-survivors
of gender violence with adequate support in engaging legal representation , and
securing/preparing legal documents and other legal needs. Appropriation for this frrnd shall be
taken from the GAD Budget of the City Govemment.
(e) Committee on Decorum and I-nvestigtion - Encourage the establishment of a Committee on
Decorum and Investigation to overse€ all sexual harassment cases in education, work, and
training institutions in Marikina City in accordance with the Anti-Sexual Flarassment Act @A
7877).
('f-) Support for Care and Other Service Provision - Engage the services of child developmental
psyit otogrt", developmental pediatrician, family medicine physician, geriatric doctors,
-psychologists
iurry"rr, or psychiatrists, SPED [special education] specialists, registered
psyitrometriciarl guidance counselors, family studies experts, and registered social workers to
facilitate the care services of gender violence victims.
( 'g --) Support for the Barangay VAW [Violence Against Women] Desks - Provide plantilla positions
and- allocate hazard py to Barangay personnel handling the Barangay VAW Desks (i.e.
Resolution No. 08 S. 2011). The barangay officials shall strictly observe the steps in handling
VAWC as provided in Sec. 47 of the Implementing Rules and Regulation of RA 9262 (Anti-
Violence Against Women and their Children Act).
SECTION VI. nTFRASTRUCTURE AnrD MAINTENANCE OF FACILITIES for gender
violence may be funde<i using the GAD Budget.
SECTION VIL LIABILITIES OF PUBLIC OFFICIALS - Those who fail or refuse to provide
assistance to victim-survivors of gender violence in accordance with their duties shall be held
criminally and administratively liable under the provisions of the Revised Penal Code (RA 3815),
Code of bonduct and Ethical Standards for Public Ofticials and Employees (RA 6713), and Anti-
Graft and Com:pt Practices Act (RA 3019).
SECTION VIIL FII{ES AI{D PENALTIES
(a) Any person who commits any act of gender violence shall be penalized according to the
provisions of Anti-Violence Against Women and Their Children Act @A 9262), Ann-
irafficking in persons Act @A 9208), as amended by RA 10364 (Expanded Anti Trafiicking
in Person Act), Anti-Sexual Harassment Act (RA 7877), Anti'Photo and Video
Page l6 o/........26
Voyeurism Act (RA 9995), Anti-Rape Law (RA 8353), Anti-Child Labor Law (RA 9231),
Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act (RA
7610), Cybercrime Law (RA 10175), Anti-Bullying Act (RA 10627), Revised Penal Code (RA
3815), and such other special laws.
(b) If not covered by any of the above mentioned national laws, the perpetrator of gender violence
shall be penalized by a fine in the maximum amount of Five Thousand Pesos @hp 5,000) or
imprisonment for a maximum period ofone [1] year, or both at the discretion of the court.
II.
Article f,DUCATION
SECTION I. POLICY ON TEE RIGET TO EDUCATION - Education as a basic right, as
well as opportunities and access to the public education system, are guaranteed by the 1987
Philippine Constitution Local Govemment Code (RA 7160), and Magna Carta of Women (RA
9710). The Philippine Plan for Gender-responsive Development for 1995-2025 through EO 273
also mandates LGUs to invest in education to build human capacities through skills training through
social protection programs, especially for marginalized sectors and indigent individuals.
SECTION IL FORMS For alt its purposes and intent, "education" as cited in this GAD Code
shall mean:
(a) Formal education - Systematic and deliberate process of hierarchically structued and sequential
leaming corresponding to the general concept of elementary, secondary, and tertiary level of
schooling. At the end of each level, the leamer needs a certification in order to enter or advance
to the next level.
(b) Non-formal education - Any organized and systematic educational activity carried outside the
framework of the formal system to provide selected types of learning to a segment of the
population.
(c) Informal education - A lifelong plocess of leaming by which every person acquires and
accumulates knowle"Jge, skills, attitudes, and insights from daily experiences at home, at work,
at play, and from life itself
(d) Aliemative traming System - A parallel leaming system to provide a viable altemative to the
existing formal education instruction, and encompasses both non-formal and informal sources
of knowledge and skills.
(e) Family education - A form of informal education, which may include personhood development,
pre-wedding and marriage church serninars or other counseling activities of faith-based
organizations, family planning, training/seminars on human sexuality, counseling for families
with PWD members, gerontology (health and care ofold people), and personal safety lessons.
SECTION IIL INSTITUTIONAL MECEANISMS - In partnership with education/training
institutions, both public and private, the City Govemment shall:
(a) Assist in conducting GAD capacity development activities for schooVtraining administrators
and educators/trainers to help them become gender and child sensitive, and aware of the
concems of women, men, girls, and boys.
(b) Promote the use of gender-sensitive education/training curricula in all schooVtraining
institutions in Marikina City by including topics/subjects related to human rights, rights of
women and childreq human sexuality, and HlV/sexually transmitted infections (STI) among
youth. To this end, i.nd as duly approved by concemed bodies, the City Government may seek
the help of Family and GAD practitioners to deYelop new or enlance existing
education/training manuals.
(c) Capacitate school-based guidance counselors on gender-informed counseling, and in identifoing
and referring cases on gender violencX*
Page l7 o/.......26
(d) Initiate career and vocational gurdance for women and young adults (girls and boys), primarily
lmong those from irdigent families, the aim of which is to actively promoG gender-sensitive
career counseling and vocational guidance as a way to improve family conditions and to
advance Marikina City's local industries.
(e) Provide scholarships and study grants to women and children (girls and boys). The selection
criteria/processes shall be nondiscriminatory. To this end, the City Govemment may prioritize
women solo parents from indigent families, women/girl achievers in sports belonging to
indigent families, children with special needs and PWDs. The City Government may also
prioritize young adults (girls and boys) whose educationaUtraining interests alip with the local
industry plans of Marikina City.
(0 hitiate secondary and vocational educalion Fograms for SPED students, the aim of which is
for them to acquire life skills and achieve independent living.
(g) Assist in the rehabilitation activities under the SPED program ofthe Departnent ofEducation.
SECTION IV.IMRASTRUCTURE DEYELOPMENT AIID REGULAR MAINTENATTCE
In close coordination with the City School Boar{ Deparbnent of Educatioq Commission on
Higher Educatioq and public and private school directors/administrators, the City Govemment
shall:
(a) Ensure that Marikina City has sufficient classrooms to accommodate female/male students at
the primary, secondsry, and tertiary levels in accordance with the LJN Millennium Development
Goals.
(b) Set up a centralized Special Education, Vocational Training, Diagrostics, and Rehabilitation
Center with classrooms and facilities that are adaptive to the physical and mental conditions of
SPED students.
(c) Aware of the sigrificant contributions of local mass or popular media to education, the City
Govemment shall encourage Marikina-based media groups to promote gender equality in
accordance with Malacaflang Memorandum Circular No. 48, S. 2013 and the public's right to
information.
rrl-
Article ET.ALTH
SECTION L EOLICY ON TEn RIGET TO ffiALTE - Health is a basic right, and the
meaningful access of Marikina constituerts to public health systems is guaranteed by the 1987
Philippine Constitutiorl l,ocal Government Code (Rr{ 7160), and Magna Carta of Women (RA
9710). At tle same time, the Philippine Plan for Gender-responsive Development for 1995-2025
through EO 273 also mandates LGUs to invesl beyond women's health. Accordingly, LGU
progams, projects, and activities shall also consider:
(a) Expanded reproductive health beyond matemal and child health to include but not limited to
fertility regulatioru healthy sexuality, infertility, safe motherhoo4 and child survival; and
(b) Broader agenda: efficiency and effectiveness in making available to all (married or not) the
protection against unwanted pregrancies and in ensuring services for women's health, and the
information women and men are given about healthy sexuality, fertility regulatioq and general
health care
SECTION II. FORMS - For all its purposes and inten! 'health' as cited in this GAD Code shall
mean:
(a) General health care;
(b) Sexual and reproductive health for women-men and young adults;
(c) Geriatric medicine; .
,o
Page 18 of........26
(d) Developmental-behavioral pediatrics, particularly for children with special needs or children
with disabilities; and
(e) "lndividual/Family health and well-being" that relates with but not limited to community
sanitation and pre-/post-disast€r (e.9., typhoon, flood, and earthquake).
SECTION m. INSTITUTIONAL MECHAIUSMS - ln parErenhip with public and private
hospitals, clinics, and other healthcare entities, as.well as NGOs and CSOs with programs on family
planning/counseling, community health and sanitation, environment, and disaster risk and reduction
management (DRRM, the City Government shall:
(a) Assist, through the City Health Oflice, in conductirg GAD capacity development activities to
ensllIe that hospitaVclinic admiristrators and practitioners, as well as program implementers,
are gender and child sensitive and aware ofthe concems ofwome4 men, girls, and boys.
(b) Promote family planning education and counseling that is geared towards the "life cycle
approach" to advocate not only family planning sewices, but also concems on sexuality,
AlDS/sexually ransmitted infections, gender relations, and gender violence. To this end, the
City Govemment shall work closely with public and private hospitalVclinics, NGOs and CSOs,
and church goups with programs, projects, and activities on healthcare and
pre-maritaVfamily planning education/counseling. The City Government may also seek the help
of famity and GAD practitionen to help the aforementioned groupVinstitutions conduct
gender-sensitive family planning sessions in accordance with the Magna Cara of Women (RA
e710).
(c) Ensure that PhilHealth benefits are provided to solo parents, senior citizens, and PWDs, in
accordance with pertinent national laws.
(d) Provide diagnostics and medical assistance to children with disabilities
(e) Ensure that the implementers of Marikina City's Sanitation Program (Ordinance No. 188 S.
2009), as well as its DRRM and Environmental Programs, are gender sensitive and aware of the
concen6 of women, men, girls, and boys. "Gender capacities" must include critical judgment
and analyical skills on gender issues.
(f) Promote the use of mobility equipment and assistive devices in healthcare for senior
citizenVelderly and children with disabilities.
(g) Provide access to public facilities like community multipurpose buildings, gyms, and parks for
the educational, socio-cultural, and sports activities of the youth subject to the guidelines
formulated by the Ccrnmunity Relations Office and the Marikina Settlernents Offlce.
(h) Provide adequate relief goods, equipmeng aid commodities, and facilities for prepant women,
children, PWDs, and senior/citizenVelderly at times of disaster (i.e., typhootu flood and
earthquake).
W.
Article ECONOMIC LIFE
SECTION L ECONOMIC RIGETS AS A POLICY - Meaningful labor and employment as a
basic right, and LGUdriven economic dwelopment and growth, are guaranteed and encouraged by
the 1987 Philippine Constitution, Local Govemment Code (RA 7160), and Magna Carta of Women
(RA 9710). The Philippine Plan for Gender-responsive Development for 1995-2425 through EO
273 also provides a &amework to overcome "economic marginalization."
SECTION tr. FORMS - For all its purposes and inten! "economic righs" as cited in this GAD
Code shall mean:
(a) Economic initiatives that create and sustain local industries;
(b) Livelihood and entrepreneurship; and
(c) Labor and employment of migrant and domestic workers, and workers from the formal and
informal sectors. ,.
riln
Page 19 of........26
SECTION m INSTITUTIONAL MECEAI{ISMS - In partnership with the private sector,
either at the private or industry level, and their alliances, and NGOs/CSOs with economic or
enterprise programs, the City Govemment shall:
(a) Identiff and assist in the establishment of priority industries for Marikina City, the aim of which
is to open opportunities for women and men to equally contribute and gain from local economic
development.
(b) Encourage the setting up of community-based Child Minding Centers for the benefit of working
parentYguardians.
(c) Establish programs on socialized lending, capital formatioq and technology as a way to setup
family livelihood/enterprises and commuiity cooperatives, prioritizing women solo parents,
PWDs, senior citizenVelderly, and young adults (girls and boys) whose educational/training
interests aligrr with the local industry plans oflvlarikina City.
(d) Encourage family enterprises to provide just wage and other social benefits to family members
working in the enterprise in accordance with the Labor Code.
(e) Offer job readiness training by prioritizing women solo parents, PWDS, senior citizens/elderly,
and young adults (girls and boys) whose educationaUtraining interests aiign with the local
industry plans of Marikina City.
(f) Develop and ccinduct gender-sensitive pre-employment orientation serninars (PEOS) for
constituents interested in overseas employment
(g) Encourage women and men migrant workers whose POEA-registered home address is in
Marikina City to register individually with the Labor Relations and Public Employment Service
Office (Ordinance No. 071 S. 2012).
(h) Encourage women, men, and young adult domestic workers (i.e., RA 10361) whose
employment address is in Marikina City to register individually with the Labor Relations and
Public Employment Service Office.
SECTION ry. GEI\IDER-SENSITIVE BUSINESS CLIMATE
(a) Offer tax incentives to business entities that expand the mandatory paid leaves to women and
men workers who cite days-off for childcare and caring for senior citizenlelderly memben of
the family.
(b) Ensure that public and private buildings and establishments provide a barrier-free environment
for PWDs and priority lanes for pregnant women and senior citizenVelderly.
(c) Ensure that government and private employers comply with OSH standards.
V.
Article PUBLIC PARTICIPATION AltD REPRf,SENTATION
SECTION L WOMEN IN GEI\i.ERAL - The City Govemment shall stictly enforce Sec. 11 of
the Magna Carta of Women (RA 9710) that provide temporary special measures to accelerate the
participation and equitable representation of women in all spheres of society, particularly in
decision-making and policy-making processes in government and private entities, to fully realize
their role as agents and beneficiaries of deVelopment.
SECTION tr. MARGINALIZED GROUPS The City Govemment shall ensure greater
participation of the follc-wing marginalized groups in special bodies:
(a) Children/youttr, solo parents, PWDs, LGBT, and the senior citizenVelderly;
(b) Indigent women workers in the formal and informal sector;
(c) Women migrant workers; and
(d) Moro women and children.
Page 20 of........26
Ordinorce No.036
Series of 20 I 5
CEAPTERItr
MECIIANISMS FOR IMPLEMENTATION AND COORDINATION
Articlel
GENDERMAINSTREAMING
SECTION I. POLICY - Gender equality is provided for by the 1987 Philippine Constitution, RA
7160 (Local Government code of 1991), and RA 7192 (Women in Development and Nation
Building Act). RA 9710 (Magra Carta of Women) is the latest national legislation calling on all
govern;ent bodies to adopt g;nder mainsfeaming as a strategJ to promote and firlfill women's
tuman rights and to eliminati gender discrimination in govemment systems, structures, policies,
progo..] pro""sses, and procedures. In lvlarikina City, it is supported by Resolution No. 183 S.
2009 ("Resolution supporting the RA 9710").
SECTION IL SPECIFIC OB.IECTMS - All offices/departrnents under the Marikina city
Govemment shall:
('a ) 'P InCtei-gDraBteM G -A DD IL i Gn -th Ne Eir DA Ann ual Plans and Budgets following the policy gurdehlgs pr€scrib€d by
Joint Memorandum Circular 2013-01, PCW-DBM'NEDA Joint
l4l
Memorandum Circular 201241 , and PCW Memorandum Circulars 201 '
(b) As a related measure, comply with PCW Memorandum Circular No. 2014{6 ('?romoting the
Use of Gender-Sensitive frog*g" in the Dra"fting and Review of Legislative Measures") and
civil Service commission vremorandum circular No. 12, s. 2005 ("Use of Non-sexist
Language in all Ofiicial Documents, Communications, and Issuances")'
SECTION m pR(rcESS - The city Govemment shall ensure that gender mainstreaming is
int"g"f to the desigrr, implementation, and monitoring and evaluation (M&E) of all legislation,
poliiies, and programs of Marikina City. Hence, the City Govemment shall:
(a) conduct gender analysis when preparing proposals for Annual GAD Plans and Budgets;
(b) Prepare and submit M&E reports and GAD Accomplishment Reports;
('c )' Update and maintain the GAD database using primary data from the Community-based
Monitoring System (CBMS), Barangay VAW Desks, local research works, and other
datalinforiation coming from LGU offices and organization in Marikina City, as well as
secondary data from thJfhilippine Statistics Authority, research works of private schools and
colleges, CSOs, NGOs, and iiudies and surveys of the Departnent of Trade and Industry,
Oepatent of i.abor and Employment, D€Partment, of Health Deparment of EducatiorU and
Commission on Higher Education, among others; and
('d )' Regularly share sex-disaggregated data and gender mainstreaming information to ensure
acc-urate and unified information among Marikina City stakeholders, and to guide in decision-
making.
Page 2l of... .....26
tr
Article MARIKINA GAD FOCAL POINT SYSTEM
SECTION L MARIKINA GAI) F(rcAL POINT SYSTEM - In compliance with PCW-DBM-
DILG-NEDA Joint Memorandurn Circular 2013-01, PCW-DBM-NEDA Joint Memorandum
Circular 2012-01, and PCW Memorandum Circulars 2011-01, the Marikina City CAD
Management Team is hereby renamed as the "MARIKINA GAD FOCAL POINT SYSTf,M'
(MGFPS).
SECTION IL NATURE AND COMPOSITION
(a) The MGFPS shall be multisectoral in natue, but following the coordinative mechanism of the
Gender Focal Point System prescribed by PCW-DBM-DILG-NEDA Joint Memorandum
Circular 2013-01 an:l PCW Memorandum Circulars 2011-01.
(b) Strategic governance shall be directed by the Local Chief Executive/City Mayor (Chairperson)
through the Councilor Chair of Committee on Women, Family Affairs and Gender Equality
(Vice Chairperson).
(c) Members of the MGFPS shall be composed of representatives from City Govemment OfEces,
partner govemment agencies, and private organizations and NGOs, including community-based
women's gloups.
(d) Daily operations shall be supervised by the MGFPS Secretariat (i.e., Marikina GAD Oflice).
SECTION Itr. FUNCTIONS - As hereby reconstituted, the MGFPS shall perform the following
functions:
(a) Lead in gender mainsteaming.
(b) Catalyze gender-responsive planning and programming in Marikina City.
(c) Formulate and recommend GAD-related policies and actions using information from the CAD
database, M&E reports, and GAD Accomplishment Reports.
(d) Oversee the participation and performance of counterparts (e.g., Technical Working Group) for
specific GAD and gender mainstrenming activities.
(e) Inlluence gender-fair practices in local govemance.
(f) Train on gender aEJ human right-based concepts in order for the MGFPS to sewe as key
informant on GAD at the local government level.
SECTION TV. ROLES A}ID RESPONSIBILITIES OF O}TICERS AND MEMBERS
(a) The Chairperson shall:
I Issue policies on the reconstitution of the Marikina GFPS;
2. Issue policies or other directives relat€d to GAD, including but not limited to gender
mainstreaming initiatives ("extemal" and "intemal" prograrns, projects, and activities of
the City Government), and their corresponding budget and systems/procedures;
3. Issue policies on the creation or modification of institutional mechanisms that protect
and promote gender and family rights, or initiate the abolition if daenent to such; and
4. Approve the proposed Annual GAD Plans and Budgets of the City Govemment duly
endorsed by the Members and Secretariat of the MGFPS.
(b) The Vice Chairperson shall:
1. Ensure that the MGFPS implements GAD strategies, programs, projects, and activities
corresponding to the timelines set by PCW-DBM-NEDA Joint Memorandum Circular
2012-01;
2. Preside over regular and special meetitrgs ofthe MGFPS;
3. Promote and safeguard the protection and promotion of GAD and family concems in
existing and proposed legislations ofthe Sangguniang Panlungso{, and
4. Lead the formulation and enactment of GAD-related and family-oriented legislation in
the Sangguniang Panlungsod.
(c) The Executive Committee @xeCom) shall:
1. Serve as the Policy Advisory Group for the City Government on matters related to
gender mainstreaming and GAD, and the protecfion and promotion of families in
Marihna City;
2. Participate in regular and special meetings of the MGFPS and Technjcal Working Group
for specific GAD-related and family-oriented programs, projects, and activities,
including those falling on relevant calendar dates;
3. Aid in legislation and provide regular updateVrecommendations to the Chairperson and
Vice Chairperson on emerging and recurring gender issues and outcomes of GAD-
related programs, projects, and activities of Marikina City;
4. Provide feedback and recommendations on Annual GAD Plans and Budgets initially
checked by the Technical Working Group, and endorse the same to the Chairperson for
final approval;
5. Supervise their respective offices' gender mainstreaming programs, projects, and
activities;
6. Ensure the timely submission of Annual GAD Plans and Budgets and Accomplishment
Reports to the Marikina GAD Office;
7. Recommend awards and/or incentives to GAD frontrunners (champions and catalysts);
8. Participate in advocacy activities and development of IEC [infomation, education, and
communication] materials on GAD and the'?rotection and Promotion of Families" for
public information and awareness; and
9.
Convene two to four times a year.
(d) The Technical Working Group shall:
1. Ensure that gender mainstreaming progams, projects, and activities are conducted in all
City Govemment offices;
2. Trah on gender and human rights-based concepts, especially on gender mainstreaming
and gender analysis;
3. Prepare and submit GAD Plans and Budgets, and GAD Accomplishment Reports;
4. Provide regular updates and recommendations to the MGFPS ExeCom on program
outcomes; and
5. Participate in the advocacy activities and dwelopment of IEC materials for public
information and awareness.
(e) The MGFPS Secretariat, also lnown as the Marikina GAD Office, shall:
1. Assist MGFPS of;EcerVmembers in performing their roles and functions by providing
administrative and logistical services and the preparttion ofmeeting agenda;
2. Consolidate GAD Plans and Budget Proposals of members of the MGFPS for final
review and approval ofthe Chairperson;
J. Consolidate the Annual GAD Accomplishment Reports of members of the MGFPS for
review and approval of the Chairperson, and oversee that DILG-National Capital Region
and other pertinent agencies are furnished with copies on a timely basis (see Annex B);
4 Coordinate and document the regular activities of the MGFPS (i.e., meetings, fora, and
public assemblies, :rmong others) and partnerships/communications within and outside
the City Govemment's jurisdiction; and -
60n
Page 2j of ... ....26
5.ManagetheofficialrecordsoftheMGFPSaspartofitssecrerariatduties.
SECTION V, SONORARil.IM - The city Govemment hereby grants honorarium to offic€rs,
ExeCom, and TWG of the MGFPS, as follows:
1. Chairperson - Php 3'000/semi-annual
Z. Vice-bhairperson - Php 3,000month
3. ExeCom - PhP 2,500/semi-annual
4. TWG - PhP 2,000/month
III. MARIKINA GENDER AIID DEVEITOPMENT (GAD) OFF.ICE
ATtiCtC
SECTIoNI.TITLErThecityGovernmentshallcreatetheMARIKINAGADoFFIcf,2'
"GAD Management Team" to "Marikina GAD
following the ren"*lt g -a ';i;;*'i;;;t'h"
Focal Point System."
SECTION TI. FUNCTIONS
(a) Administrative SuPPort
l. Provide logistical and resource support;
. ln-charge of financial recording' processi. ng' monitoring' and reporting;
3. Serve as prop€rty (supplies and equipment) custodian'
n
ia zs
e
ie up raos oito or .y ir io "f n a 'il l
G iiA *D i"-r re 'l "a it ced
e
d ooc u .em ce hn ats n; isms, such as the MGFPS, CODI' and
coirmunitY-based gtouPs: and
6. A;il;;ganuin-g ana documentation of activities'
Advocacy
(.b"') R^e'-s-eia-r c ih jl, n D ao uc cum t e cn ata ot +io en- i aa tend a ,.r"ur"h works and similar undertakings to gurde program
imPlementers and PolicY makers;
2.Orgarize-dd*fi;;l;;;;iti;tofGADmechanisms'suchastheGADFocalPoint
Syitem, CODI, and community-based groups;
i*d;*t;;tv-*a" ;;;;tv'pl* for gender awareness and sensitization;
3. Desigrr and
4. Leaithe city program on-- ga"notid-gJern der violence;
5. Conduct o.EJirr and human rights-based orientations, trainings, and
"ra
leaming interventions:
with govemment agencres'
ii;fi, ;;gthen" and document alliance/partrenhip
6,
NGOs, and CSOs; and good practices and lessons in program/project
Document gapdissues
7.
implernentation; and
Desigrrandimplementcapacltybuildingprogramsandactivitiesforbothimplementers
and beneficiaries of GAD Programs'
sne;latf;Xgffi:S*,1:r.T;ces
tcl '*pf-tl 't('ai)'- p rovide care services for victims of gender violence,
int"*tnu* and capacity building and self'care
and (b) Develop
ptogtu.. for care facilities residenls and statt'
Page 24 of.......26
Ordinance No.0i6
Series ol2015
Livelihood and Job Readiness Services - Design and implement progams for
eoonomic and p€rsonal effectiveness, specifically in enterprise development, job
readiness, and livelihood skills training.
3. Other Program/Service - To be identified as needed
(d) Monitoring and Evaluation (M&E)
1. Develop evaluation tools, processes, and frameworks, as well as train duty bearers on
how to use GAD M&E tools;
2. Monitor gender mainstreaming activities, GAD offrce operations, and institutional
mechanisms rdentified in the Gad Code;
3. Manage and strengthen the database to generate gander statistics, age, and sex-
disaggregated data and all other GAD-related informatioq and
4. Prepare, submiq and present GAD plans and reports.
SECTION ltr. POSITION
(a) Immediately upon the passage of this GAD Code, the Marikina GAD Offrce shall be organized
to compos€ the following personnel, as desigrrated or appointed by the City Mayor:
1. Offrce Head (ChieflCity Govemment CGDH II, SG-26)
2. Offrce Assistant Head (ChieflCity Govemment CGADH II, SG-24)
3. Unit Head for Administrative Support (Administrative Officer IV,
sG-22)
4. Unit Head for Research, Documentatiorl and Advocacy (Information olficer IV,
sG-22)
5. Technical Staff for Research, DocumentatiorL and Advocacy (Senior Researcher-
Analyst A' SG-16)
6. Technical Staff for Researclr, Documentation, and Advocacy (Information Officer II,
sG-15)
7. Unit Head for Special Programs and Services (Project Development officer lv,
sG-22)
8. Legal Officer for Special Programs and Services (Attorney trI, SG -21)
9. Program Specialist for Special Programs and Services (Social Welfare Officer II,
sG-15)
10. Technicat Staff for Special Programs and Services (Business Development/Marketing
OfficerA, SG-16)
11. Unit Head for M&E (Project Evaluation Offrcer IV, SG-22)
12. Technical Staff for M&E (Project Evaluation Ofticer tr, SG-15)
(b) The Chief of the Marikina GAD OIfice and Unit Heads must have a track record and extensive
training in gender- and human rights-based education.
(c) The City Govemment shall ensure the automatic allocation of funds from the GAD Budget for
the creation of the aforementioned Rositio[;-
Page 25 of.......26
W.
Article BUDGET
SECTION L GAD BTIDGET - The cost of implementing the progams, activities, and projects
as provided in this Code, particularly the services and interventions for victim-survivors of gender
violence, and other CAD-focus programs as created and required in this Ordinance, shall be
sourced from the GAD Budget which, in accordance with RA 9710 or Magna Carta of Womerl
pcw Memorandum circular 2011-01, PCW-NEDA-DBM Joint Memorandum circular 2012-01,
and pCW-DILG-NEDA-DBM Joint Memorandum Circular 2013-01, shall be at least five percent
(5%) of the City's total budget appropriations.
SECTION IL COMPLIANCE/AIIDIT - The City Govemment's Budget office and Accounting
Oftice shall formulate a mnsparent recording, tracking, and feedback system on the GAD
expenditures of Marikina City and submit GAD financial data to the lvlarikina GAD Office. The
city shall ensure that the use of the GAD Budget shall comply with the conditions and guidelines
pro"id"d uy DILG, PCW, DBM, and NEDA as well as existing auditing rules and regulations.
CEAPTERW
FINAL PROVISIONS
SECTION L IMPLEMENTING RULES AND REGTJLATIONS OF TEE GAD CODE - ThC
Office of the Local Chief Executive shall formulate and issue the necessary Implementing Rules
and Regulations to ensw€ t}re effective implementation of this Code.
SECTION IL SEPARABILITY CLAUSE - If any provision of this Code is declared to be
unconstitutional or invalid, the other sections or provisions hereof which are not affected thereby
shall continue to be in frrll force or effect.
SECTION IIL REPEALING CLAUSE - All city ordinances, executive orders, rules and
regulations or parts thereof, tlut will be contrary to or inconsist€nt with any of the provision of this
Code are hereby repealed or modified accordingly.
SECTION IV. EFFECTMIY CLAUSE - This code shall take effect fifteen (15) days from
the date a copy thereofis posted in a bulletin board at the entrance ofthe city hall and in at least two
(2) other conspicuous places within the city and after its publication in a local newspaper of general
circulation.
UNAI\.IMOUSLY ENACTED BY TITT.. CITY COUNCIL OF MARIKINA TEIS 15III DAY
oF JULY,2015 -
.fl^
26ot.
Page '26
Ordirwre No'036
Senes of 2015
I TF.IIEBY CERTIFY to the correctness of
the foregoing Ordinance which was duly .,
enact€d by the City Council during its 26"'
Regular Session held at the City Council
Session Hall on JulY 15,2015.
1rrv,r4-- a . ira^,-x^>
NORALfN R TINdCIhGCO
City Council Secretary
ATTESTED AND CERTIFIED
TO BE DULY 'E%NACT-ED-: %
tesrAx r
Presiding Offrcer
AU6 1 9 2015
APPROVEDBYTEPEONORABLECITYMAYORON