PROVINCE OF LEYTE

MUNICIPALITY OF CARIGARA
BARANGAY PARAG-UM
-OOO-

OFFICE OF THE SANGGUNIANG BARANGAY

EXCERPT FROM THE MINUTES OF THE REGULAR SESSION OF SANGGUNIANG BARANGAY OF

BARANGAY PARAG-UM, CARIGARA, LEYTE HELD ON DECEMBER 05, 2022; 9 O’ CLOCK IN THE
MORNING AT THE BARANGAY SESSION HALL.

PRESENT:
HON. JUDITH D. DARANTINAO - PUNONG BARANGAY
HON. ERNANI B. DAGUMAN - BRGY. KAGAWAD
HON. RICHARD C. SANTOS - -DO-
HON. EXEQUIEL S. VENTURINA - -DO-
HON. NILDA D. BALENDO - -DO-
HON. JOSE ESCARIOTE G. SURI - -DO-
HON. JERRY A. ACERDEN - -DO-
HON. LITO D. MAKABENTA - -DO-
HON. MICAELA F. BRIMON - SK CHAIRWOMAN
RAQUEL M. FLORENDO - SECRETARY
TEODORICO F. CANEGA - TREASURER
ABSENT: NONE

ORDINANCE NO. 04
SERIES OF 2022

SPONSOR: HON. NILDA D. BALENDO

“AN ORDINANCE ESTABLISHING THE VAWC DESK IN EVERY BARANGAY OF THE MUNICIPLAITY
OF CARIGARA AND PRESCRIBING THE PROTOCOL IN THE HANDLING OF ALL VAWC CASES FILED
THEREOF”

WHEREAS, Article II Section 14 of the 1987 Philippine Constitution provides, that the state
recognizes the role of women in nation-building, and shall ensure their fundamental equality before the law
of men and women;

WHEREAS, Republic Act No. 9262 is known as The Anti-Violence against Women and their
Children Act Children Act 2004 was made into law to recognize “ the need to protect the family and its
members particularly women and children from violence and threats to their personal safety and security.

WHEREAS, Section 12 D, Rule IV of the Rules and Regulations implementing Republic Act 9710
or the Magna Carta for Women provides for the establishment of a VAW Desk in every barangay to ensure
that violence against women cases are fully addressed in a gender-responsive manner.

WHEREAS, relative thereto, the Department of the Interior and Local Government (DILG),
Department of Social Welfare and Development (DSWD), Department of Education (DEPED), Department
of Health (DOH) and Philippine Commission on Women (PCW) issued Joint Memorandum-Circular No.
2012-2 to provide the guidelines and procedures for the above cite IRR section and to enjoin all local
government units to establish a Violence Against Women (VAW) Desk in their respective barangays;

WHEREAS, the Sanggunian recognizes that the VAW Desk or the VAWC Desk as contemplated in
the context of this Ordinance shall serve as an important mechanism that will institutionalize the support for
victims and bring the perpetrators to justice;

WHEREAS, the Sanggunian through the Committee on Women has adopted key provisions of the
DILG-MSWSD-DepED-DOH-PCW Joint Memorandum Circular No. 2010-2 in formulating the protocol in
the handling of VAWC cases filed in the barangays;
NOW, THEREFORE, on motion of Hon. Nilda D. Balendo and unanimously seconded, the Sangguniang
Barangay of Barangay Parag-um Carigara, Leyte in Session hereby ordains and decrees;

SECTION 1. TITLE- This Ordinance shall be known as an Ordinance establishing the VAWC Desk
in every Barangay of the Municipality of Carigara and prescribing the protocol in the handling of all VAWC
cases filed thereof.

SECTION 2. DEFINITION OF TERMS. For the purpose of this ordinance, the following terms and
phrases shall apply:

2.1. Violence Against Women and their 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 it 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 remarks, physically

attacking the sexual parts of the victim’s body, forcing her to watch obscene publications
and incident shows or forcing the woman or her child to do incident acts/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.

C. “PSYCHOLOGICAL VIOLENCE” refers to acts or omission 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 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 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 victim’s own money or properties or solely controlling the conjugal money or properties.

2.2. VAWC DESK- a facility that addresses all VAWC cases in a gender-responsive and child-friendly
manner which is managed by a person designated by the Punong Barangay. It is situated within the
premises of the barangay hall. In the absence of a barangay hall, the VAWC Desk shall be established
within the premises where the punong barangay holds office.

SECTION 3. SCOPE AND CONVERAGE. This ordinance shall cover all the 49 Barangays of the
Municipality of Carigara.
 SECTION 4. GENDER. Every word in the Ordinance importing the feminine gender shall extend to
both the female and child unless its context clearly indicates it in the feminine.

SECTION 5. ESTABLISHMENT OF VAWC DESKS IN EVRY BARANGAY. All Punong Barangays

are mandated to establish a VAWC Desk in their barangays.

4.1. Setting up the VAWC Desk- the punong barangay shall designate an area within the barangay hall for
the VAWC desk. She shall provide foe the necessary furniture and fixtures such as, but not limited t, table,
chairs, separate filing cabinet and logbooks for record-keeping of cases. Likewise, the punong barangay
shall ensure the confidentially of the case and the privacy and safety of the victim-survivor.

4.2. Designation of VAWC Desk person- the punong barangay shall designate a VAWC desk person who is
trained in handling gender-sensitive cases; preferably a woman barangay kagawad wh Chairs the
Committee on Women or a woman barangay tanod. In cases where there are no trained personnel, the
punong barangay ensures that the person assigned shall undergo basic gender sensitivity training and
orientation on anti-VAWC laws.

4.3. Treatment of VAWC Records. Only the punong barangay and the VAWC Desk in-charge shall have
access to all VAWC records; however, the same shall be made available to the Municipal Social Welfare
Office and the Police for records or for case filing purposes.

SECTION 6. FUNCTIONS OF THE BARANGAY VAWC DESK IN-CHARGE

The VAWC Desk in-charge shall perform the following tasks:

5.1. Respond to gender-based violence cases brought to the barangay;

5.2. Keep VAWC case records confidential and secured, and ensure that only the authorized personnel can
have access to them;

5.3. Assist victims of VAWC in securing Barangay Protection Order (BPO) and access necessary services;

5.4. Develop the barangay’s gender-responsive plan in addressing gender-based violence, including
support services, capacity building and referral system;

5.5. Coordinate with and refer cases to government agencies, Civil Society Organizations (CSO),
institutions, and other service providers as necessary;

5.7. Address other forms of abuse committed against women, especially the elderly women and women
with disabilities.

5.8. Lead advocacies on the elimination of VAWC in the community;

5.9. Perform other related functions, as may be assigned by the Punong Barangay.

SECTION 7. PROTOCOL IN HANDLING VAWC CASES AT THE BARANGAY LEVEL

The following protocols shall be observed by the Barangay VAWC Desk person when responding to VAWC
situations:

6. A. When the VAWC victim-survivor is accompanied by someone to the barangay or the victim herself
goes to the barangay.

6. A. 1. The VAWC Desk in-charge shall immediately receive the victim-survivor.

6. A. 2. Make the woman or the child comfortable in a safe and secure area and attend to the complainant’s
immediate needs, as necessary.

6. A. 3. Assess the situation and get initial information to determine the risks involved and if immediate
medical attention is needed facilitate referral to the nearest medical facility.
6. A. 4. After the victim-survivor has calmed down, assist the punong barangay in the conduct of an
investigation in a gender sensitive and non- judgmental manner in a language understood by her.

6. A. 5. Inform the victim-survivor of her rights and the legal remedies available to her and the processes
involved particularly in relation to the Barangay Protection Order (BPO) and to assist her to file the
application, if she decides to have a BPO.

6. A. 6. Record the incident using the National VAWC Documentation System barangay form.

6. A. 7. If victim-survivor desires to be in a safe shelter, seek the assistance of the other barangay officials,
barangay tanod or the police in getting her belongings and refer her to a women’s shelter/women’s center
or to the MSWDO, as the case may be.

6. A. 8. Assist the victim-survivor to file for a temporary protection order (TPO) or permanent protection
order (PPO) WITH THE NEAREST Family Court within 24 hours after the issuance of the BPO.

6. A. 9. Report the incident within four hours to the PNP and the MSWDO.

6. B. When the abuse is reported by a concerned community member.

6. B. 1. Upon receipt of the report, the VAWC Desk-in-charge shall immediately verify the information and
when so warranted, seek the assistance of the PNP.

6. B. 2. Assess the situation and facilitate the rescue of the victim-survivor when necessary to ensure her
safety, and the safety of her children.

6. B. 3. Inform the victim-survivor about her rights and remedies available her particularly the BPO and its
processes. Assist her to apply for a BPO, if she so desires.

6. B. 4. Refer the victim-survivor for medical care and temporary shelter when needed based on the
assessment done;

6. B. 5. Record the incident using the National VAWC Documentation System barangay form.

6 .B. 6. If not done earlier, report the incident within four hours to the PNP and the MSWDO.

6. B. 7. For rape, trafficking in persons and other cases which do not fall under the jurisdiction of the
barangay, assist the victim-survivor file a complaint at the PNP Women and Children Protection Center or
the National Bureau of Investigation (NBI).

SECTION 8. ROLE OF THE MUNICIPAL MAYOR. The Municipal Mayor shall ensure the
establishment of a VAWC Desk in every Barangay within the Municipality, and provide the technical and
financial assistance thereof subject to availability of funds based on the GAD appropriation or allocation of
5% of the Annual Barangay Budget for its operations.

SECTION 9. MONITORING AND REPORTING. All Barangay Captains or VAWC Desk Person in-
Charge shall, within three (3) months after the passage of this ordinance, submit a compliance report to the
Office of the Sangguniang Bayan under the Committee on Women and to the Municipal Social Welfare and
Development Office.

Furthermore, the VAWC Desk person-in-charge shall submit quarterly reports on all filed VAWC
cases, which should clearly specify the action taken and their status and to submit the same to the
aforementioned offices. VAWC case records should be treated with utmost confidentially and security, and
ensure that only the authorized personnel(s) have access to them.

SECTION 10. REPEALING CLAUSE. All provisions of local ordinances, orders, resolution
inconsistent herewith are hereby repealed and/or modified accordingly.

SECTION 11. SEPARABILTY CLAUSE. If for any reason any part of this ordinance shall be held
unconstitutional or invalid, other parts hereof which are not affected thereby shall continue to be in full force
and effect.
 SECTION 12. REPEALING CLAUSE. Any or all ordinances, rules and regulations which are
inconsistent or in conflict with the sections or provisions of this Ordinance are hereby repealed, revoked
and modified accordingly.

SECTION 13. EFFECTIVITY. This Ordinance shall take effect immediately upon its approval.

ENACTED: 05 December 2022.

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I HEREBY CERTIFY to the correctness of the foregoing Ordinance which was duly enacted by the
Sangguniang Barangay during its Regular Session on 05 December 2022.

RAQUEL M. FLORENDO
Barangay Secretary

HON. ERNANI B. DAGUMAN HON. RICHARD C. SANTOS HON. EXEQUIEL S. VENTURINA

1st Brgy Kagawad 2nd Brgy Kagawad 3rd Brgy Kagawad

HON. NILDA D. BALENDO HON. JOSE ESCARIOTE G. SURI HON. JERRY A. ACERDEN
4th Brgy Kagawad 5th Brgy Kagawad 6th Brgy Kagawad

HON. LITO D. MAKABENTA HON. MICAELA F. BRIMON

7th Brgy Kagawad SK Chairwoman

APPROVED BY:

HON. JUDITH D. DARANTINAO

Punong Barangay