WHEREAS, pursuant to Republic Act No.

9262 or the Anti-Violence

Against Women and Their Children Act of 2004, it is the declared
policy of the State and of the City Government of General Santos
to exert efforts to address violence committed against women
and their children in keeping with the fundamental freedoms
guaranteed under the Constitution and the provisions of the
Universal Declaration of Human Rights, the Convention on the
Elimination of all forms of Discrimination Against Women,
Convention on the Rights of the Child and other international
human rights instruments of which the Philippines is a party;

WHEREAS, one of the initiatives of the City Government of

General Santos in promoting and protecting rights of children and
women is the establishment of Barangay Anti-Violence Against
Women and their Children (AVAWC) Desks in all the
26 barangays in General Santos City pursuant to the provisions of
RA 9262 on March 8, 2004;

WHEREAS, Barangay AVAWC Desks are essential in providing

support services, such as access to legal services, counselling,
referrals and/or rehabilitation programs, to abused women and
children;

WHEREAS, the Search for Best Barangay Anti-Violence Against

Women and their Children (AVAWC) Desks should be
institutionalized in order to continuously motivate the barangays to
excel and ensure the sustainable implementation of the Barangay
Anti-VAWC programs;

WHEREAS, Section 18 of Republic Act 9262 further stipulates the

Mandatory Period For Acting on Applications For Protection Orders
which states, “Failure to act on an application for a protection order
within the reglementary period specified in the RA 9262 without
justifiable cause shall render the official or judge
administratively liable.”

NOW, THEREFORE, be it ordained by the 17th Sangguniang

Panlungsod of the City of General Santos, in session duly assembled
that:

RESOLVED, as it is hereby resolved, to enact this Ordinance:

ORDINANCE NO. SERIES OF 2015

AN ORDINANCE INSTITUTIONALIZING THE ESTABLISHMENT OF BARANGAY

ANTI-VIOLENCE AGAINST WOMEN AND THEIR CHILDREN (AVAWC) DESKS
IN THE 26 BARANGAYS OF GENERAL SANTOS CITY, PROVIDING FUNDS
THEREFORE AND OTHER PURPOSES

SECTION 1. – TITLE.- For brevity, this ordinance shall be known as

the Barangay VAWC Desks Ordinance.

SECTION 2. –BARANGAY ANTI-VIOLENCE AGAINST WOMEN AND

CHILDREN
DESKS.- All 26 barangay governments of the City of General
Santos should establish and maintain a Barangay Violence Against
Women and Children (AVAWC) Desks which operation should be
financed by the barangay’s Gender And Development (GAD)
Fund and other fund sources as may be deemed necessary by the
concerned barangay.

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SECTION 3. – The Barangay Anti-Violence Against Women and
Children Desks shall be primarily manned by a Registered Social
Worker of the City Social Welfare and Development Office (CSWDO)
assigned in every barangay.

The AVAWC Desk should be located within the barangay hall or near it. If
there is no barangay hall, the AVAWC Desk may be put up near or
where the Punong Barangay holds office. Its location must be
situated in a place where the confidentiality, privacy and safety of
the client will not be compromised. It must have a separate room
where the intake interview can be conducted.

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If there is no room available for the AVAWC Desk, the concerned
barangay should find an enclosed area within the compound or the
building where the barangay hall is located. If there is none, it is
possible to use an enclosed area within the premises of another
government institution.

Another option is to have it in a private place approved by the

Punong Barangay. Have the initiative and be creative in making
sure that the privacy of the VAWC victim-survivor is upheld.

SECTION 4. - BARANGAY SUPPORT. - It shall be the responsibility

of the Barangay Captain to assign additional personnel to assist the
CSWDO worker depending upon the volume of cases in the locality
with remuneration chargeable against the Barangay Gender And
Development (GAD) Fund and other sources as may be deemed
necessary by the concerned barangay.

It shall also be the responsibility of the Barangay to provide for the

Barangay VAWC Handbook and the capacitating of the personnel
involve.

SECTION 5. – DUTIES AND FUNCTIONS

SECTION 5.a. – DUTIES AND FUNCTIONS OF THE BARANGAY AVAWC
DESK

1. Respond to gender-based violence cases brought to the

barangay within the regulamentary period specified in the RA
9262;
2. Record the number of gender-based violence handled by the
barangay and
submit a quarterly report on all cases of VAWC to the DILG
City Field Office and the City Social Welfare Development Office
(CSWDO);
3. Keep VAWC case records confidential and secured, and
ensure that only authorized personnel can access it;
4. Assist victims of VAWC in securing Barangay Protection
Order (BPO) and access necessary services;
5. Develop the barangay’s gender-responsive plan in
addressing gender-based violence, including support
services, capacity building and referral system;
6. Coordinate with and refer cases to government agencies,
nongovernment organizations (NGOs), institutions, and other
service providers as necessary;
7. Address other forms of abuse committed against women,
especially senior citizens, women with disabilities, and other
marginalized groups;
8. Lead advocacies on the elimination of VAWC in the community;
and
9. Perform other related functions as may be assigned.

SECTION 5.b. – DUTIES AND FUNCTIONS OF THE BARANGAY OFFICIALS

AND LAW ENFORCERS
As stipulated in Section 30 of RA 9262, Barangay officials and law
enforcers shall have the following duties:

(a) respond immediately to a call for help or request for

assistance or protection of the victim by entering the necessary
whether or not a protection order has been issued and ensure
the safety of the victim/s;
(b) confiscate any deadly weapon in the possession of the
perpetrator or within plain view;
(c) transport or escort the victim/s to a safe place of their choice
or to a clinic or hospital;
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(d) assist the victim in removing personal belongs from the house;
(e) assist the barangay officials and other government officers
and employees who respond to a call for help;
(f) ensure the enforcement of the Protection Orders issued by
the Punong Barangy or the courts;
(g) arrest the suspected perpetrator without a warrant when any
of the acts of violence defined under RA 9262 is occurring, or
when he/she has personal knowledge that any act of abuse has
just been committed, and there is imminent danger to the life or
limb of the victim as defined RA 9262; and

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 (h) immediately report the call for assessment or assistance of
the DSWD, social Welfare Department of LGUs or accredited non-
government organizations (NGOs).

Any barangay official or law enforcer who fails to report the

incident shall be liable for a fine not exceeding Ten Thousand
Pesos (P10,000.00) or whenever applicable criminal, civil or
administrative liability.

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SECTION 5.c. Healthcare Provider Response to Abuse – Any
healthcare provider, including, but not limited to, an attending
physician, nurse, clinician, barangay health worker, therapist or
counselor who suspects abuse or has been informed by the victim
of violence shall:

(a) properly document any of the victim's physical,

emotional or psychological injuries;
(b) properly record any of victim's suspicions,
observations and circumstances of the
examination or visit;
(c) automatically provide the victim free of charge a
medical certificate concerning the examination or visit;
(d) safeguard the records and make them available to
the victim upon request at actual cost; and
(e) provide the victim immediate and adequate notice of
rights and remedies provided under this Act, and services
available to them.

SECTION 5.d. Duties of Other Government Agencies and

LGUs – Other government agencies and LGUs shall establish
programs such as, but not limited to, education and information
campaign and seminars or symposia on the nature, causes,
incidence and consequences of such violence particularly towards
educating the public on its social impacts.

It shall be the duty of the concerned government agencies and

LGU's to ensure the sustained education and training of their
officers and personnel on the prevention of violence against women
and their children under RA 9262.

SECTION 6. Prohibited Acts. – A Punong Barangay, Barangay Kagawad

or the court hearing an application for a protection order shall not
order, direct, force or in any way unduly influence the applicant for a
protection order to compromise or abandon any of the reliefs sought
in the application for protection under this RA 9262. Section 7 of
the Family Courts Act of 1997 and Sections 410, 411, 412 and 413
of the Local Government Code of 1991 shall not apply in proceedings
where relief is sought under Republic Act 9262.

Failure to comply with this Section shall render the official or judge
administratively liable.

SECTION 7. Persons Intervening Exempt from Liability. – In every case

of violence against women and their children as defined in
RA9262, any person, private individual or police authority or
barangay official who, acting in accordance with law, responds or
intervenes without using violence or restraint greater than
necessary to ensure the safety of the victim, shall not be liable for
any criminal, civil or administrative liability resulting therefrom.

SECTION 8. – SEARCH FOR BEST BARANGAY AVAWC DESK.- The

Search for
Best Barangay AVAWC Desk, which shall commence from January
to December of the year and culminates with an Awarding
Ceremony every March of the subsequently year, is hereby
institutionalized with the following criteria:

1. Personnel (30%)
This particular indicator measures the manner of
designating the AVAWC Desk Person and his/her personal
capacities and attributes that ensure a gender-sensitive and
responsive manner of addressing cases of VAWC in the
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barangay.

2. Service Delivery (50%)

As the issue of VAWC cases requires a holistic approach,
this particular indicator gauges the mechanisms or specific
services established by the barangay for women and children
who are victim-survivors of VAWC cases. In particular, this will
look into the following:
1.) Physical facilities,
2.) Observance of protocol in handling VAWC cases in
the barangay level as prescribed under JMC 2010-2, and

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 3.) Reporting and Monitoring System.

3. Advocacy and Fund Source (20%)

This indicator assesses the concrete programs adopted
by the barangay in order to engage not only the VAWC
victim-survivors but, more importantly, the community in the
campaign against VAWC. This also looks into the allocated
funds for operations of the barangay AVAWC Desk and for
implementation of Anti-VAWC programs and activities.

SECTION 9. -COMMITTEE ON SEARCH FOR BEST BARANGAY AVAWC

DESK.-
A Search Committee is hereby instituted to be composed of the
following:

Chairperson: Chairperson of the SP Committee on

Women Co-Chairperson: Chairperson of the SP
Committee on Children Members: City Director, DILG-
GSC
City Social Welfare and Development Officer
Representative, GSC Women’s Federation
President Representative, Non-Government
Organization Representative, DSWD
Representative from the academe, to be
appointed by the mayor Representative from
the private sector, to be appointed by the
mayor.

SECTION 8. – AWARDS.- The following awards, which shall be taken

from the Gender And Development (GAD) Budget of the City, shall
be conferred to the chosen Best Barangay AVAWC Desks:

1st Place - P 50,000 worth of project and

a plaque 2nd Place - P 30,000 worth of
project and a plaque 3rd Place - P 20,000
worth of project and a plaque

SECTION 9. – AWARDING.- The schedule for the awarding ceremony

shall be within the Women’s Month Celebration.

SECTION 10. Implementing Rules and Regulations. – Within six

(6) months from the approval of this Ordinance, the CSWDO, City
Legal Office, City Health Office, and Association of Barangay
Captain (ABC) President, shall promulgate the Implementing Rules
and Regulations (IRR) of this Ordinance.

SECTION 11. – REPEALING CLAUSE. – All resolutions, ordinances

and executive issuances, or provisions thereof, which are inconsistent
with any of the provisions hereof are hereby accordingly repealed,
amended and/or modified.

SECTION 12. – SEPARABILITY CLAUSE. – Should any provision of this

ordinance be subsequently declared unconstitutional or ultra vires, the
rest of the provisions not so declared shall remain to be in full force
and effect.

SECTION 13. – EFFECTIVITY CLAUSE. – This ordinance shall

take effect immediately upon approval and publication in at least
one (1) newspaper of general circulation in General Santos City.