Republic of the Philippines
House of Representatives

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Quezon City
SEVENTEENTH CONGRESS
First Regular Session REST? ATION UNIT
“ Se SE RUICE
House Bill No,_2* oS BILLS AND INUEX SERVICE

Introduced by: REPRESENTATIVE ABIGAIL FAYE C. FERRIOL-PASCUAL

EXPLANATORY NOTE

Women and children are two sectors that suffer from marginalization and discrimination in
present society. They are placed at a disadvantageous position on account of gender and age. The
attached bill aims to uplift the lives of suffering women and children by strengthening and expanding
the scope of social welfare extended to them.

The Constitution has recognized the plight of women and children. A number of provisions are
devoted to them. For one, the rights of women form part of Article XIII of the Constitution which covers
Social Justice and Human Rights. In the case of children, Article XV Section 3 (2) of the Constitution
specifically states that:

‘The right of children to assistance, including proper care and nutrition, and
special protection from all forms of neglect, abuse, cruelty, exploitation and other
conditions prejudicial to their development,

Moreover, the Philippines is also bound by international agreements produced in the United
Nations that it has agreed to, Two examples are the Convention of the Rights of the Child (CRC) and
Convention on the Elimination of all forms of Discrimination Against Women (CEDAW). As a signatory
to these agreements, it has committed to the advancement of the rights and welfare of women and
children,

This bill recognizes the need to bolster the capacity of the Department of Social Welfare and
Development (DSWD) in mitigating and alleviating the ill effects of marginalization and discrimination
experienced by women and children. The current facilities are stretched to cover several provinces or
cities; some are assigned to cover more than one region. The facilities have to be made more


accessible to those who are in dire need of the services. To realize this, it is the purpose of this
legislation that there will be at least one shelter for women and children established in each city in the
National Capital Region and each province in the Philippines

The shelters will serve as temporary refuge and support but are not limited to the following:
street children, abandoned children, women and children who are victims of physical and sexual
abuse, homeless or those displaced by armed conflict. These shelters will also serve the purpose of
Uplifting the conditions and rehabilitating the lives of those under its care.

This proposed measure is a refiling of the same bill during the 15" and 16" Congress'and
reflects the changes made during the deliberations in the Committee on Women and Gender Equality

ABIGAIL FAYE)C. FERRIOL-PASCUAL
Representative
Kalinga Party-list


Republic of the Philippines
House of Representatives
Quezon City

SEVENTEENTH CONGRESS.
First Regular Session

baths 3

House Bill No. wilt

Introduced by: REPRESENTATIVE ABIGAIL FAYE C. FERRIOL-PASCUAL

AN ACT
ESTABLISHING RESOURCE DEVELOPMENT AND CRISIS ASSISTANCE CENTERS FOR
WOMEN AND CHILDREN IN EVERY PROVINCE AND CITY OF THE COUNTRY, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 8505, OTHERWISE KNOWN AS THE "RAPE VICTIM
ASSISTANCE AND
PROTECTION ACT OF 1998"

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Section 1 of Republic Act No, 8505 shall be amended to read as follows:

"SECTION 1. Title. — This Act shall be known as the [Rape Victim Assistance and
Protection Act of 1998] RESOURCE DEVELOPMENT AND CRISIS ASSISTANCE FOR
WOMEN AND CHILDREN ACT OF 2012."

SEC. 2. Section 2 of the same Act is hereby also amended to read as follows:

"SEC. 2. Declaration of Policy. ~ It is hereby declared the policy of the State to [provide
necessary assistance and protection for rape victims] TO VALUE THE DIGNITY OF WOMEN
AND CHILDREN, DEFEND THEIR RIGHTS, AND RECOGNIZE THEM ROLE IN NATION-
BUILDING AND ALL OTHER IMMEDIATE ASSISTANCE AS MAY BE NECESSARY TO
PROTECT THEM. Towards this end, the (government shall coordinate its various agencies
and non-government organizations to work hand in hand for the establishment and operation
of a rape crisis center in every province and city that shall assist and protect rape victims in
the litigation of their cases and their recovery.] STATE SHALL ENSURE THE PROTECTION
OF THEIR FUNDAMENTAL RIGHTS AND SHALL PROVIDE THEM WITH FACILITIES AND.
OPPORTUNITIES THAT WILL ENHANCE THEIR WELFARE AND ENABLE THEM TO
REALIZE THEIR FULL POTENTIAL IN THE SERVICE OF THE NATION. THE STATE SHALL
ALSO ENDEAVOR TO PROVIDE WOMEN AND CHILDREN WITH UTMOST SUPPORT AND



ASSISTANCE WHICH SHALL INCLUDE AMONG OTHERS, LEGAL SERVICES,
LIVELIHOOD AND SKILLS DEVELOPMENT, PSYCHOLOGICAL COUNSELING AND ALL
OTHER ASSISTANCE NECESSARY TO PROTECT THEM AGAINST ALL FORMS OF
NEGLECT, ABUSE, CRUELTY, EXPLOITATION AND OTHER ACTS PREJUDICIAL TO
THEIR WELFARE AND DEVELOPMENT.

SEC. 3. Section 3 of the same Act is likewise amended to read as follows:

SEC. 3, [Rape] RESOURCE DEVELOPMENT AND Crisis ASSISTANCE Centers. ~ [The
Department of Social Welfare and Development (DSWD), the Department of Health (DOH),
the Department of the Interior and Local Government (DILG), the Department of Justice (DOJ),
and a lead non-government organization (NGO) with proven track record or experience in
handling sexual abuse cases, shall establish in every province and city a rape crisis center
located in a government hospital or health clinic or in any other suitable place for the purpose
of

(a) Providing rape victims with psychological counseling, medical and health services,
including their medico-legal examination;

(b) Securing free legal assistance or service, when necessary, for rape victims;

(c) Assisting rape victims in the investigation to hasten the arrest of offenders and the filing of
cases in court;

(d) Ensuring the privacy and safety of rape victims;

(e) Providing psychological counseling and medical services when necessary for the family of
rape victims;

(f) Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on human

rights and responsibilities; gender sensitivity and legal management of rape cases; and

(g) Adopting and implementing programs for the recovery of rape victims,


‘The DSWD shall be the lead agency in the establishment and operation of the Rape Crisis
Center.

THERE SHALL BE ESTABLISHED RESOURCE DEVELOPMENT AND CRISIS.
ASSISTANCE CENTERS FOR WOMEN AND CHILDREN IN EVERY PROVINCE AND CITY
OF THE COUNTRY, HEREINAFTER REFERRED TO AS THE "CENTERS." THESE
CENTERS SHALL BE UNDER THE MANAGEMENT AND SUPERVISION OF THE
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT (DSWD) IN CONSULTATION
WITH CONCERNED LOCAL GOVERNMENT UNITS (LGUs).

A. COMPOSITION OF THE INTER-AGENCY COUNCIL TO BE KNOWN AS THE ADVISORY
COUNCIL —

AN INTER-AGENCY COUNCIL SHALL BE CONVENED TO SET THE CRITERIA
FOR THE SELECTION OF THE SITES OF THE CENTERS ALL OVER THE COUNTRY
TAKING INTO CONSIDERATION THE EXISTING FACILITIES OF THE NATIONAL
GOVERNMENT AND LGUs, NON-GOVERNMENT AND RELIGIOUS ORGANIZATIONS IN
PARTNERSHIP WITH THE GOVERNMENT. THE COUNCIL SHALL BE COMPOSED OF
AUTHORIZED REPRESENTATIVES FROM THE DSWD, DILG, DOH, DOJ, DEPARTMENT
OF TRADE AND INDUSTRY (DTI), DEPARTMENT OF EDUCATION (DEPED),
DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE), NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY (NEDA), PHILIPPINE COMMISSION ON WOMEN (PCW),
NATIONAL YOUTH COMMISSION (NYC), TECHNICAL EDUCATION AND SKILLS
DEVELOPMENT ACADEMY (TESDA), WOMEN AND CHILDREN CONCERNS DIVISION OF
THE PHILIPPINE NATIONAL POLICE (PNP/WCCD), THE COMMISSION ON HIGHER
EDUCATION (CHED) AND NON-GOVERNMENT AND PEOPLE'S ORGANIZATIONS DULY
ACCREDITED BY NATIONAL GOVERNMENT AGENCIES, SHALL BE INCLUDED AS
MEMBERS OF ADVISORY COUNCIL. THE INTER-AGENCY COUNCIL, DULY CHAIRED BY
THE DSWD, SHALL ALSO ACT AS AN ADVISORY COUNCIL TO OVERSEE THE
EFFECTIVE IMPLEMENTATION OF THE CENTERS’ PROGRAMS,

B, FUNCTIONS OF THE CENTERS.
THE CENTERS SHALL HAVE THE FOLLOWING FUNCTIONS TO ENSURE
COMPREHENSIVE AND INTEGRATED SERVICES:

4, TO SERVE AS THE VENUE FOR CONSCIOUSNESS-RAISING, CAPABILITY-
BUILDING AND FUNCTIONAL LITERACY ENHANCEMENT PROGRAMS, AMONG


OTHERS, THAT WILL ENHANCE PUBLIC AWARENESS OF ISSUES AND PROMOTE
COMMUNITY PARTICIPATION;

2

TO UNDERTAKE PROGRAMS GEARED TOWARDS THE DEVELOPMENT OF
MATERNAL AND CHILD HEALTH CARE, SELF-ENHANCEMENT AND THE
DEVELOPMENT OF SKILLS FOR LIVELIHOOD GENERATION, SOCIAL
COMMUNICATION, AND OTHER RELATED SKILLS WHICH WILL HELP WOMEN.
AND CHILDREN TO BECOME PRODUCTIVE MEMBERS OF SOCIETY;

TO PROVIDE FREE LEGAL SERVICES, MEDICAL ASSISTANCE INCLUDING
MEDICO-LEGAL EXAMINATIONS AND PSYCHOLOGICAL COUNSELING TO
VICTIMS OF RAPE AND OTHER CASES OF VIOLENCE AGAINST WOMEN
AND CHILDREN ENSURING THEIR PRIVACY AND SAFETY;

TO UNDERTAKE ACTIVITIES RELATED TO MORAL RECOVERY AND
GENDER-SENSITIVE VALUE FORMATION, COUNSELING, REHABILITATION
AND PSYCHO-SOCIAL PROGRAMS;

TO PROVIDE TEMPORARY SHELTER TO ABUSED WOMEN AND THEIR
CHILDREN;

TO ASSIST RAPE VICTIMS OR VICTIMS OF OTHER FORMS OF ABUSES IN
THE INVESTIGATION TO HASTEN THE ARREST OF OFFENDERS AND THE
FILING OF CASES IN COURT;

TO PROVIDE PSYCHOLOGICAL COUNSELING AND MEDICAL SERVICES
WHEN NECESSARY FOR THE FAMILY OF RAPE VICTIMS OR VICTIMS OF
OTHER FORMS OF ABUSES;

TO PROVIDE SKILLS TRAINING OR LIVELIHOOD ASSISTANCE TO.
SURVIVORS OF VIOLENCE;

TO STRENGTHEN AND FACILITATE LINKAGES OF WOMEN'S AND.
CHILDREN'S GROUPS AND ORGAN:ZATIONS WITH RELEVANT GOVERNMENT
AGENCIES AND LOCAL GOVERNMENT UNITS TO MAXIMIZE THE DELIVERY OF
BASIC AND SUPPORT SERVICES FOR WOMEN AND CHILDREN AND.
ADVOCATE FOR THE PROTECTION AND ADVANCEMENT OF THEIR RIGHTS;
TO DEVELOP AND UNDERTAKE A CONTINUING CAPACITY-BUILDING AND
TRAINING PROGRAM FOR FRONTLINE SERVICE PROVIDERS INCLUDING
BUT NOT LIMITED TO, LAW ENFORCEMENT OFFICERS, PUBLIC
PROSECUTORS, LAWYERS, MEDICO-LEGAL OFFICERS, PSYCHOLOGISTS,
DEVELOPMENT WORKERS, SOCIAL WORKERS, HEALTH WORKERS,
THERAPISTS AND BARANGAY OFFICIALS ON HUMAN RIGHTS AND


"

RESPONSIBILITIES, GENDER SENSITIVITY AND LEGALICASE MANAGEMENT
OF SITUATIONS/CASES INVOLVING WOMEN AND CHILDREN; AND

TO PERFORM SUCH OTHER FUNCTIONS AS MAY BE NECESSARY TO CARRY
OUT THE OBJECTIVES OF THIS ACT.

CLIENTS OF THE CENTERS —
ALL WOMEN AND CHILDREN UNDER THE FOLLOWING CIRCUMSTANCES

SHALL BE ENTITLED TO PROTECTION AND ASSISTANCE BY THE CENTER:

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10,

VICTIMS OF PROSTITUTION AND SEXUAL EXPLOITATION;

VICTIMS OF DOMESTIC VIOLENCE, ABUSE AND BATTERY;

VICTIMS OF RAPE, INCEST, SEXUAL ABUSE, HARASSMENT OR MOLESTATION;
VICTIMS OF ILLEGAL RECRUITMENT, TRAFFICKING AND/OR LABOR
EXPLOITATION;

VICTIMS OF ARMED CONFLICT, NATURAL OR ENVIRONMENTAL
DISASTERS WHO ARE SUFFERING FROM TRAUMA DUE TO THE TRAGIC
DEATH OR DISPLACEMENT OF FAMILY MEMBERS, DISLOCATION OR LOSS
OF LIVELIHOOD;

ABANDONED AND RUN-AWAY WOMEN AND CHILDREN:

WOMEN AND CHILDREN IN DETENTION;

VICTIMS OF ANY FORM OF VIOLENCE AND SUFFERING FROM ANY CRISIS
SITUATION;

VICTIMS SUFFERING FROM MENTAL, EMOTIONAL, PSYCHOLOGICAL AND
PHYSICAL DISABILITIES NEEDING SPECIAL SUPPORT AND ASSISTANCE; AND
VICTIMS OF OTHER CIRCUMSTANCES AS MAY BE DETERMINED BY THE
Dswo.

D. PERSONNEL/STAFF COMPLEMENT OF THE CENTERS ~

EACH CENTER SHALL BE HEADED BY A FEMALE DIRECTOR WHO HOLDS A

BACHELOR'S DEGREE IN SOCIAL WORK OR COMMUNITY DEVELOPMENT OR SIMILAR
COURSES, HAS AMINIMUM EXPERIENCE OF FIVE (5) YEARS IN COUNSELING, SOCIAL
AND PSYCHOLOGICAL SERVICES AND OTHER RELATED FIELD OR EXPERIENCE, AND
POSSESSES A PROVEN TRACK RECORD AS AN ADVOCATE OF WOMEN'S ISSUES AND.
EXPERTISE IN GENDER-RESPONSIVE TRAINING AND PROGRAMS FOR CAPABILITY-
BUILDING AND 1S OF GOOD MORAL CHARACTER


THE SECRETARY OF THE DSWD, IN CONSULTATION WITH THE HEADS OF THE:
CONCERNED LOCAL GOVERNMENT UNIT SHALL APPOINT THE DIRECTOR AND
OTHER NECESSARY PERSONNEL OF THE CENTER. THE STAFF COMPLEMENT OF
THE CENTER SHALL BE SUBJECT TO THE APPROVAL OF THE DEPARTMENT OF
BUDGET AND MANAGEMENT,

VOLUNTEERS FROM THE VARIOUS NON-GOVERNMENT ORGANIZATIONS MAY
EXTEND PROFESSIONAL, HOUSEHOLD, RECREATIONAL, AND TRAINING EXPERTISE
TO THE CENTER. STUDENTS OF SOCIAL WORK AND WOMEN STUDIES AND OTHER
RELATED PROGRAMS WHO ARE IN PRACTICUM COURSES MAY RENDER VOLUNTARY
SERVICES TO THE CENTER. THE PERSONNEL AND STAFF AS WELL AS VOLUNTEER
WORKERS SHALL UNDERGO REGULAR TRAININGS ON HOW BEST TO HANDLE THE
DIFFERENT SITUATIONS OF THE BENEFICIARIES OF THE CENTERS.

SEC. 4. RA 8505 is hereby further amended by inserting the following new Sections after Sec. 3
thereof:

SEC. 4. REHABILITATION AND DEVELOPMENT PROGRAM. - THE DSWD IN
CONSULTATION WITH THE INTER-AGENCY COUNCIL CONVENED UNDER
SECTION 3 (A) HEREOF, SHALL WITHIN SIX (6) MONTHS FROM THE APPROVAL OF THIS
ACT, FORMULATE A PROGRAM FOR THE REHABILITATION, DEVELOPMENT AND
PROTECTION OF WOMEN AND CHILDREN, MENTIONED IN SECTION 3 (B) HEREOF.
THE COUNCIL SHALL ALSO OVERSEE THE EFFECTIVE IMPLEMENTATION OF THE
PROGRAMS OF THE CENTER AND MONITOR THE ACCOMPLISHMENTS OF
PARTICIPATING AGENCIES, IT SHALL ALSO ACT AS AN ADVISORY BOARD.

THE DSWD MAY CALL ON NATIONAL AGENCIESAND LOCAL GOVERNMENT UNITS,
ACADEMIC INSTITUTIONS AND INTERNATIONAL ORGANIZATIONS TO ASSIST IN THE
IMPLEMENTATON OF THIS ACT BY WAY OF PROGRAM COLLABORATION AND
FUNDING AUGMENTATION, AMONG OTHERS

SEC. 5. AUTHORITY TO ACCEPT DONATIONS, - THE DSWD, THROUGH THE
PRESIDENT OF THE PHILIPPINES, MAY ACCEPT DONATIONS AND GRANTS, BOTH
DOMESTIC AND FOREIGN FOR PURPOSES RELEVANT TO THE FUNCTIONS OF THE
CENTERS. THE DONATIONS AND GRANTS SHALL BE ALLOTTED TO VARIOUS
CENTERS IN SUCH AMOUNT AS MAY BE DEEMED BEST BY THE DSWD OR FOR THE


PURPOSES SPECIFIED BY THE DONOR. SUCH DONATIONS AND GRANTS SHALL BE
SUBJECT TO PERTINENT ACCOUNTING AND AUDITING RULES AND REGULATIONS.

SEC. 5. Sections 4, 5 and 6 of RA 8505 are hereby renumbered accordingly as Sections 6, 7 and 8.

SEC 6. Sections 7 and 8 of RA 8505 are hereby deleted,

SEC 7. APPROPRIATIONS. The amount necessary for the implementation of this Act shall be
included in the budget of the DSWD under the Annual General Appropriations Act.

SEC 8. IMPLEMENTING RULES AND REGULATIONS — Within ninety (90) days upon the approval
of this Act, the DSWD and all concerned agencies shall formulate rules and regulations as may
be necessary for the proper implementation thereof.

SEC. 9. SEPARABILITY CLAUSE. - If any part, section or provision of this Act is declared invalid or
unconstitutional, the other parts thereof not affected thereby shall remain valid.

SEC. 10. REPEALING CLAUSE. - All laws, acts, presidential decrees, executive orders,
administrative orders, rules and regulations inconsistent with or contrary to the provisions of

this Act are deemed amended, modified or repealed accordingly.

SEC. 11, EFFECTIVITY. — This act shall take effect fifteen (15) days after the completion of its
Publication in at least two (2) newspapers of general circulation,

Approved,