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.. <' r - Province of La guna OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 35TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF THE CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, SEPTEMBER 3, 2012. Presents: 1. Hon. ARNEL DC. GOMEZ 2. Hon. LUISITO B. ALGABRE 3. Hon . MYTHOR C. CENDANA 4. Hon. LAUDEMER A. CARTA 5. Hon. Ma. THERESA C. AALA 6. Hon. PETRONIO C. FACTORIZA 7. Hon. RAYMOND RYAN F. CARVAJAL 8. Hon. ANTONIA T . LASERNA 9. Hon. ERIC T. PUZON 10. Hon. PAULINO Y. CAMACLANG, JR. 11. Hon. EDWARD FERNANDITO S. TIONGCO 12. Hon. RODRIGO B. MALAPITAN 13. Hon. INA CLARIZA B. CARTAGENA - City Vice-Mayor, Presiding Officer - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member, ABC President - SP Member, SK President ********************* ORDINANCE NO. 1843-2012 (Authored and Sponsored by: HON. EDWARD F.S. TIONGCO And seconded by Hon. MA. THERESA C. AALA & Hon. MYTHOR C. CENDANA) Committee on Social Welfare) ORDINANCE IMPLEMENTING AND PROVIDING FOR BENEFITS AND PRIVILEGES TO CITY OF SANTA ROSA SINGLE PARENTS AND THEIR CHILDREN AND PRESCRIBING PENALTIES VIOLATIVE TO THIS ORDINANCE AND APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES. WHEREAS, Section 16 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991, the state ought to pursue programs and projects that promote the welfare of its people; WHEREAS, it is the policy of the state to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development; WHEREAS,in support of this State policy, R.A. 8972, otherwise known as the Solo Parents' Welfare Act of 2000, has been enacted to develop a comprehensive program for social development and welfare services for solo parents and their children; WHEREAS, to ensure the implementation of the Act, the Local Social Welfare and Development Offi ce was tasked by the Department of Social Welfare and Development to perform additional functions relative to the welfare and development of solo parents and their children; WHEREAS,RA 8972, otherwise known as the "Solo Parents'Welfare Act of 2000'~ at both national and local levels, there are areas of improvement in the law which can be rectified through local legislation; WHEREAS, an interagency committee headed by CSWDO and participated in by the City Health Office (CHO), Department of Education (DepEd), (PESO), and City Department Interior and Local Government (CDILG), Commission on Higher Education (CHED), Manpower Development Office,City Urban Development and Housing Office (CUDHO) and City Planning and Development Office (CPDO) that will promote the family as the foundation of the city, strengthen its solidarity and ensure its total development; WHEREAS, towards this end, the City Government of Santa Rosa shall develop a comprehensive program of services for single parents and their children; c/ t '\\.( n for;:;,L J 5/F City Government Center, J.P Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104 "Serbisyong Makatao, Lungsod na Makabago"

Province of Laguna - Santa Rosa, Laguna · Province of Laguna ... J.P Rizal Blvd., City of Santa Rosa, ... working days every year shall be granted to any single parent employee who

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Page 1: Province of Laguna - Santa Rosa, Laguna · Province of Laguna ... J.P Rizal Blvd., City of Santa Rosa, ... working days every year shall be granted to any single parent employee who

.. <' r -

Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD EXCERPT FROM THE MINUTES OF THE 35TH REGULAR SESSION OF SANGGUNIANG PANLUNGSOD OF THE CITY OF SANTA ROSA, LAGUNA HELD ON MONDAY, SEPTEMBER 3, 2012.

Presents:

1. Hon. ARNEL DC. GOMEZ 2. Hon. LUISITO B. ALGABRE 3. Hon. MYTHOR C. CENDANA 4. Hon. LAUDEMER A. CARTA 5. Hon. Ma. THERESA C. AALA 6. Hon. PETRONIO C. FACTORIZA 7. Hon. RAYMOND RYAN F. CARVAJAL 8. Hon. ANTONIA T. LASERNA 9. Hon. ERIC T. PUZON 10. Hon. PAULINO Y. CAMACLANG, JR. 11. Hon. EDWARD FERNANDITO S. TIONGCO 12. Hon. RODRIGO B. MALAPITAN 13. Hon. INA CLARIZA B. CARTAGENA

- City Vice-Mayor, Presiding Officer - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member - SP Member, ABC President - SP Member, SK President

*********************

ORDINANCE NO. 1843-2012 (Authored and Sponsored by: HON. EDWARD F.S. TIONGCO

And seconded by Hon. MA. THERESA C. AALA & Hon. MYTHOR C. CENDANA) Committee on Social Welfare)

ORDINANCE IMPLEMENTING AND PROVIDING FOR BENEFITS AND PRIVILEGES TO CITY OF SANTA ROSA SINGLE PARENTS AND THEIR CHILDREN AND

PRESCRIBING PENALTIES VIOLATIVE TO THIS ORDINANCE AND APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES.

WHEREAS, Section 16 of Republic Act No. 7160 otherwise known as the Local Government Code of 1991, the state ought to pursue programs and projects that promote the welfare of its people;

WHEREAS, it is the policy of the state to promote the family as the foundation of the nation, strengthen its solidarity and ensure its total development;

WHEREAS,in support of this State policy, R.A. 8972, otherwise known as the Solo Parents' Welfare Act of 2000, has been enacted to develop a comprehensive program for social development and welfare services for solo parents and their children;

WHEREAS, to ensure the implementation of the Act, the Local Social Welfare and Development Office was tasked by the Department of Social Welfare and Development to perform additional functions relative to the welfare and development of solo parents and their children;

WHEREAS,RA 8972, otherwise known as the "Solo Parents'Welfare Act of 2000'~ at both national and local levels, there are areas of improvement in the law which can be rectified through local legislation;

WHEREAS, an interagency committee headed by CSWDO and participated in by the City Health Office (CHO), Department of Education (DepEd), (PESO), and City Department Interior and Local Government (CDILG), Commission on Higher Education (CHED), Manpower Development Office,City Urban Development and Housing Office (CUDHO) and City Planning and Development Office (CPDO) that will promote the family as the foundation of the city, strengthen its solidarity and ensure its total development;

WHEREAS, towards this end, the City Government of Santa Rosa shall develop a comprehensive program of services for single parents and their children; c/ t '\\.( n

for;:;,LJ 5/F City Government Center, J.P Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago"

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~ Republic of the Philippines

CITY OF SANTA ROSA Province of Laguna

OFFICE OF THE SANGGUNIANG PANLUNGSOD

NOW THEREFORE, on motion of SP Member Hon. Edward FS. Tiongco, duly seconded by SP Mem. Hon. Ma. Theresa C. Aala and SP Mem. Hon. Mythor C. Cendana) and with the unanimous consent of all members present, there being a quorum, it was:

RESOLVED: As it hereby RESOLVED to enact and approve, as it hereby ENACTED

andAPPROVED the following City Ordinance:

ORDINANCE IMPLEMENTING AND PROVIDING FOR BENEFITS AND PRIVILEGES TO CITY OF SANTA ROSA SINGLE PARENTS AND THEIR CHILDREN AND PRESCRIBING PENALTIES VIOLATIVE TO THIS ORDINANCE AND APPROPRIATING FUNDS THEREFORE AND FOR OTHER PURPOSES

Be it enacted by the SangguniangPan/ungsodng Santa Rosa, Laguna, assembled:

Section 1. Title. -

This Ordinance shall be known as the "Santa Rosa SinqleParents'Ordinance'fn the City of Santa Rosa, Laguna.

Section 2. Declaration of Policy. -

It is the policy of the City of Santa Rosa, Laguna to promote the family as the foundation of the city, strengthen its solidarity and ensure its total development. Towards this end, it shall develop a comprehensive program of services for single parents and their children to be carried out by the City Social Welfare and Development Office (CSWDO), the City Health Office (CHO) the Department of Education (DEPED), the City Department of the Interior and Local Government (CDILG), the Commission on Higher Education (CHED), Manpower Development Office, the City Urban Development and Housing Office(CUDHO), the City Employment Office (PESO), the City Planning and Development Office (CPDO) and other related government and non-government agencies.

Section 3.0efinition of Terms. -

As used in this Ordinance, the following terms shall mean as follows:

(a) "Single parent" - any individual who falls under any of the following categories:

(1) 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 single or alone with the responsibility of parenthood due to death of spouse;

(3) Parent left single or alone with the responsibility of parenthood while the spouse is detained or is serving sentence for a criminal conviction for at least one (1) year;

(4) Parent left single or alone with the responsibility of parenthood due to physical and/or mental incapacity of spouse as certified by a public medical practitioner;

(5) Parent left single 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 the custody of the children;

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago"

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~ Republic of the Philippines

CITY OF SANTA ROSA Province of Laguna

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

(6) Parent left single or alone with the responsibility of parenthood due to declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children;

(7) Parent left single or alone with the responsibility of parenthood due to abandonment of spouse for at least one (1) 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;

(10) Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or single parent. A change in the status or circumstance of the parent claiming benefits under this Ordinance, such that he/she is no longer left alone with the responsibility of parenthood, shall terminate his/her eligibility for these benefits.

(b) "Children" - refer to those living with and dependent upon the single parent for support who are unmarried, unemployed and not more than eighteen (18) years of age, or even over eighteen (18) years but are incapable of self-support because of mental and/or physical defect/disability.

(c) "Parental responsibility" - with respect to their minor children shall refer to the rights and duties of the parents as defined in Article 220 of Executive Order No. 209, as amended, otherwise known as the "Family Code of the Philippines."

(d) "Parental leave" - shall mean leave benefits granted to a single parent to enable him/her to perform parental duties and responsibilities where physical presence is required.

(e) "Flexible work schedule" - is the right granted to a single parent employee to vary his/her arrival and departure time without affecting the core work hours as defined by the employer.

(f) "Single Parent Association" - is the association of"Single Parent" for every barangay;

(g) "Sangguniang Barangay" - refers to the legislative body of barangay government in the City of Santa Rosa. It passes ordinaces and resolutions for the effective administration of the barangay.

Section 4.Criteria for Support. -

Any single parent whose income in the place of domicile falls below the poverty threshold as set by the City Planning development Office (CPDO) and City Urban Development and Housing Office (CUDHO) subject to the assessment of the CSWD worker in the city shall be eligible for assistance: Provided, however, That any single parent whose income is above the poverty threshold shall enjoy the benefits mentioned in Sections 6, 7 and 8 of this Ordinance.

Section 5. Comprehensive Package of Social Development and Welfare Services. -

A comprehensive package of social development and welfare services for single parents and their families will be developed by the CSWDO, CHO, DEPED, CHED, PESO, CUDHO, CPDO, CITY COOPERATIVE, MANPOWER DEVELOPMENT OFFICE, ABC, SK and CDILG, in coordination with

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago" J

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Republic of the Philippines CITY OF SANTA ROSA

Province of Laguna

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

local government units and a non-governmental organization with proven track record in providing services for single parents.

The CSWDO shall coordinate with concerned agencies the implementation of the comprehensive package of social development and welfare services for single parents and their families. The package will initially include:

(a) Livelihood development services which include trainings on livelihood skills, basic business management, value orientation and the provision of seed capital or job placement.

(b) Counselingservices as prescribed in the Ordinance No.1766-2011 (Section 4), which include individual, peer group, development of values or family counselling . This will focus on the resolution of personal relationship and role conflicts.

(c) Parent effectiveness services which include the provision and expansion of knowledge and skills of the single parent on early childhood development, behavior management, health care, rights and duties of parents and children.

(d) Critical incidence stress debriefing which includes preventive stress management strategy designed to assist single parents in coping with crisis situations and cases of abuse.

(e) Special projects for individuals in need of protection which include temporary shelter, counselling , legal assistance, medical care, self-concept or ego-building, crisis management and spiritual enrichment, as provided by Ordinance No. 1766-2011, under Section 4.

(f) The City Social Welfare and Development Office and the Sangguniang Barangay should organize an association with prescribed officers and members of "Single Parent" for every barangay in the City of Santa Rosa and must be supported by a barangay resolution for its recognition of establishment that will be reviewed by the SangguniangPanlungsod in aid of legislation.

Section 6.Flexible Work Schedule. -

The employer shall provide for a flexible working schedule for single parents: Provided, That the same shall not affect individual and company productivity: Provided, further, That any employer may request exemption from the above requirements from the PESO on certain meritorious grounds.

Section 7. Work Discrimination. -

No employer shall discriminate against any single parent employee with respect to terms and conditions of employment on account of his/her status. Any violation of this Section shall be penalized on the following:

First Offense - a fine of not less than but not more than toPhp 3,000.00;

Second Offense - a fine of not less than but not more than to Php 4,000.00;

Third Offense - a fine of not less than but not more than to Php 5,000.00and;

5/F City Government Center, J.P Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago" J

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

Section 8.Parental Leave. -

In addition to leave privileges under existing laws, parental leave of not more than seven (7) working days every year shall be granted to any single parent employee who has rendered service of at least one (1) year.

Section 9.Educational Benefits. -

The DEPED, CHED and MANPOWER DEVELOPMENT OFFICE shall provide the following benefits and privileges:

(1) Scholarship programs /financial grants for qualified single parents and their children in institutions of basic, tertiary and technical/skills education; and

(2) Non-formal education programs appropriate for single parents and their children.

The DEPED, CHED and MANPOWER DEVELOPMENT OFFICE shall promulgate rules and regulations for the proper implementation of this program, one (1) month after the approval of this Ordinance.

Section 10.Housing Benefits. -

Single parents shall be given allocation in housing projects and shall be provided with liberal terms of payment on said City Government low-cost housing projects in accordance with housing regulation provisions prioritizing applicants below the poverty line as provided by the City Urban Development and Housing Office (CUDHO) and City Planning and Development Office (CPDO).

Section 11.Medica/ Assistance. -

The City Health Office (CHO) shall develop a comprehensive health care program for single parents and their children. The program shall be implemented by the CHO through the Local Government Unit retained hospital and with private medical centers/hospitals and barangay health units (BHU).

Section 12.Additional Powers and Functions of the CSWOO. -

The CSWDO shall perform the following additional powers and functions relative to the welfare of single parents and their families:

(a) Conduct research necessary to: (1) develop a new body of knowledge on single parents; (2) define executive and legislative measures needed to promote and protect the interest of single parents and their children; and (3) assess the effectiveness of programs designed for disadvantaged single parents and their children;

(b) Coordinate the activities of various governmental and non-governmental organizations engaged in promoting and protecting the interests of single parents and their children through awareness programs like orientations/seminars; and

(c) Monitor the implementation of the prov1s1ons of this Ordinance and suggest mechanisms by which such provisions are effectively implemented and report its assessments, programs, activities of implementation to the Office of the Mayor/Administrators' Office (if any) and the Sangguniang Panlungsod on a quarterly basis.

5/F City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago"

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CITY OF SANTA ROSA Province of Laguna

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OFFICE OF THE SANGGUNIANG PANLUNGSOD

Section 13.Implementing Rules and Regulations. -

An interagency committee headed by the CSWDO, in coordination with the CHO, DEPED, CHED, MANPOWER DEVELOPMENT OFFICE, PESO, CUDHO, CPDO,CDILG and the Sangguniang Panlungsod Committee Chair on Social Welfare and Committee Chair on Women and Family is hereby established which shall formulate, within thirty (30) days upon the effectivity of this Ordinance, the implementing rules and regulations in consultation with the, accredited non­government organizations, people's organizations and the officers of the association of "Single Parent" in every barangay as members of the committee.

The members of the interagency committee shall held a meeting on a monthly performance basis for reporting/implementation of plans, sustainable programs, activities and such other related matters for the welfare of the "Single Parent" of the City of Santa Rosa.

An honorarium shall be given to the members of the committee through its approval by the City Budget Office and City Accounting Office, subject to Commission on Audit guidelines.

Section 14.Appropriations. -

The amount of ONE MILLION PESOS (Php 1,000,000.00) is appropriated for the first year necessary to carry out the implementation of the provisions of this Ordinance shall be made four (4) months after the approval of this Ordinance included in the annual budget of the City Government of Santa Rosa, Laguna in the General Appropriations of the year .Thereafter , appropriated budget for the succeeding years must be re-constructed by the City Social Welfare and Development Office (CSWDO) for the effectiveness of the implementation if as needed.

Section 15.Repealing Clause. -

All Ordinances/Resolutions and Executive Orders, or parts thereof inconsistent with the provisions of this Ordinance are hereby repealed, amended or modified accordingly.

Section 16.Separability Clause. -

If any provision of this Ordinance is held invalid or unconstitutional, other provisions not affected thereby shall continue to be in full force and effect.

Section 17. Effectivity Clause. -

This Ordinance shall take effect thirty (30) days upon its review by the Sangguniang Panlalawigan following its complete publication of local circulation and advertisements in city's common advertisement areas.

UNANIMOUSLY APPROVED.

CERTIFICATION: d, I hereby certify to the correctness of the quoted ordinance.

CYNTH A M. GOMEZ Secretary to the S ngguniang Panlungsod

CertifiedforreJi:

ARNEL~MEZ City Vice-Mayor

Approved:

A~ R~ City Mayor

!ilF City Government Center, J.P. Rizal Blvd., City of Santa Rosa, Laguna - Tel No. (049) 530-0015 Local 5100-5104

"Serbisyong Makatao, Lungsod na Makabago"