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Republic of the PhilippinesOFFICE OF THE SANGGUNIANG BARANGAY

BARANGAY 142 ZONE 15Second District, City of Pasay

Metro Manila

BARANGAY ORDINANCE No.003Series 2013

Sponsored by: Kgd. Ma. Corrine PatinioCo-sponsored by: Kgd. Ruel Decena

An ordinance establishing the VAW Desk in Barangay 142 Zone 15 and the Duties andFunction of the Barangay Officials in relation to Republic Act 9262 on the Anti- ViolenceAgainst Women and theirChildren Law.

WHEREAS, Sec. 391 (1)of the Local Government Code of 1991 provides that the SanguinangBarangay, as the legislative body of the Barangay enact ordinances as may be necessary todischarge the responsibilities conferred upon it by law or ordinance and to promote the generalwelfare of the inhabiting therein;WHEREAS, in compliance with Section 2.4 of the joint DILG-DSWD-DEPED-DOH-PhilippineCommission on Women Memorandum Circular No. 2010-2 dated December 9, 2010 that allProvincial Governors, City and Municipal Mayors shall ensure the establishment of a VAW DESKin every barangay with their jurisdiction.

WHEREAS, the Sanguniang Barangay recognizes the state policy that values the dignityof woman and children and guarantees full respect for human rights, including the recognitionof 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 andsecurity;

WHEREAS, to this end and in accordance with RA 9262 on the Anti-Violence Against Womenand their Children Law of 2004 and other applicable laws and ordinances, the State, through itsbarangays, shall exert efforts to address violence committed against women and their childrenin keeping with the fundamental freedoms guaranteed under the constitution and other humanrights instruments.

Now THEREFORE, be it RESOLVED as it is hereby RESOLVED by the Sanguniang Barangayof Barangay 142 Zone 15 of the City of Pasay.

Section 1. Title, This Ordinance shall be known as the Ordinance Establishing the VAWSDESKof Barangay 142 Zone 15, its composition and the duties and functions of Barangayofficials. 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 involvingthe 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,KagawadCommittee Chairman on Women and Family, Kagawad Committee on Education and SocialWelfare, DSWD Representative, Woman Barangay Tanod, Lupon Member, Teacher, NGOS.

Section 4. Duties and Functions of Barangay Officials in VAWS cases

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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 victim-survivors,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 helpdesk. 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 gendersensitivity seminars to enable them to respond to victims of violence;

H) Develop a system to document and report cases of VAWC and assistance program tovictims thereof; and

I) If applicable/ necessary, prescribe additional guidelines and standards provided thatthese 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 verifythe 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 andensure the safety of the victim-survivors;

C) Interview the victim-survivors and the witnesses to determine the facts, and inform thevictim 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 orrecord the testimonies by audio or video tape with consent of the victim-survivor. Allrecords 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 shallrespect 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 abusehas just been committed, and in the presence of imminent danger to the life or limb ofthe victim-survivor. The barangay official shall confiscate any deadly weapon in thepossession of the perpetrator or within plain view;

E) Transport or escort the victim-survivor to the nearest hospital, or available medicalfacility for treatment and medico-legal examination. Said official shall assist the victim-survivors to secure the medico-legal report

F) If the perpetrator is not immediately arrested, advised him or her to temporarily leavethe 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 counselling for perpetrators;

G) In the event that the victim-survivors have to be placed in a shelter or a safe placeof their choice, the barangay official shall assist them in taking their personal belongingsand taking their children and transfer to a shelter or safe place;

H) Report the incident and refer the victim-survivor to the Local Social Welfare andDevelopment Office of the LGU within four (4) hours from the time of reporting. Saidofficial shall also report the incident to the Women and Childrens Protection Desk atthe nearest Police Station within the same period;

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I) In case where the victim-survivor applying for a BPO is a minor, any barangay officialshall assist the victim-survivor and shall refer him/her to NGOS, social workers forcounselling, temporary shelter and other support services;

J) Monitor compliance of the respondent with the BPO;K) Ensure the safety and continued support to the victim-survivor and her family

during the 15-day period;L) Assist the victim- survivors in filing the appropriate complaint with the PNP Women and

Childrens Protection Desk or other law enforcement agencies;M) Ensure that all pertinent documents of the said cases are forwarded to the PNP Women

and Childrens Protection Desk;

N) Have a separate logbook for complaints and cases of VAWC and keep this confidential ,always ensuring the privacy of the victims;

O) Shall not attempt to influence the victim-survivor to abandon her claims. All forms ofamicable settlement under the Katarungang Pambarangay such as mediation ,settlement, conciliation, arbitration shall not apply to cases of VAWC in the ACT; and

P) If the relief requested or applied for involves the failure to provide support to thewoman or her children, especially for their education and medical needs, the PunongBarangay or in his/her absence, any Kagawad, shall call the respondent for counselingand explain to him his legal obligation to support his wife and/or minor children. Thisshall not be construed to mean as a mode of conciliation or mediation and must bedone only with the presence of the respondent, without the victim-survivor orapplicant. Any barangay official or law enforcer who fails to report the incident of VAWCto the PNP shall be liable for a fine not exceeding Ten Thousand Pesos (10,000) orwhenever applicable criminal, civil or administrative liability. Administrative complaintsagainst the barangay official for failure to perform her or his duties shall be filed withthe Sangguniang Panglungsod or Bayan for gross neglect of duty or misfeasance.

Section 6. Repealing Clause. All previous Barangay Ordinances, Resolutions contrary andinconsistent 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 beunconstitutional or invalid by a competent Court, the other provision hereof shall continuein 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 itsposting

ENACTED This ___ of ____________, 2013 Barangay 143 Zone 15 Pasay City.

Certified true and correct:

MA. TERESA LEDESMA Barangay Secretary

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Conforme:

RAFAEL SALGADO JR. ROMEO ROMANBGY. KAGAWAD BGY. KAGAWAD

RUEL DECENA DANILO DANGELBGY. KAGAWAD BGY. KAGAWAD

MA. CORRINE PATINIO ALEJO DIOLABGY. KAGAWAD BGY. KAGAWAD

ARIEL PATINIO DERIC CRISTOBALBGY. KAGAWAD SK. CHAIRMAN

Approved:

HON. NARCISO COTE PUNONG BARANGAY

Authored and Introduced by KAG. MA. CORRINE PATINIO