SIXTEENTH CONGRESS )

OF THE REPUBLIC OF THE PHILIPPINES )

First Regular Session )
HOUSE OF REPRESENTATIVES

House Bill No,_ 1635

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

‘This measure aims to provide assistance to women in crisis not merely to rape victims, but to
other victims of unfortunate circumstances as well. All women and children who are victims of
prostitution and sexual exploitation; domestic violence, abuse and battery; rape, incest, sexual abuse,
harassment or molestation; illegal recruitment, trafficking and/or labor exploitation and those who are
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 are sought to be given
protection and assistance by the Resource Development and Crisis Assistance Centers (Centers)
provided for in the bill. 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 Department of Social Welfare and
Development (DSWD) may also avail of the services offered by the Centers.

The bill ensures comprehensive and integrated services offered by the Centers which shall 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

‘The Center shall 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; 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 and undertake activities related to moral recovery and gender-sensitive
value formation, counseling, rehabilitation and psycho-social programs.

Likewise, the Center shall provide temporary shelter to abused women and their children; 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; provide psychological counseling and medical services when necessary for the
family of rape victims or victims of other forms of abuses and provide skills training or livelihood
assistance to survivors of violence

The Center is also tasked to strengthen and facilitate linkages of women’s and children’s groups
and organizations with relevant government agencies and local government units to maximize the
delivery of basic and support services for women and children, advocate for the protection and
advancement of their rights, and develop and undertake continuing capacity-building and training
program for frontline service providers on human rights and responsibilities; gender sensitivity and
legal /case management of situations/cases involving women and children.

SUSAN A.
Representative, 2” ictJof Tarlac


SIXTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

1635

House Bill No.

Introduced by Representative Susan A. Yap

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 House of Representatives of the Philippines in Congress assembled:

SEt

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

ION 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 201

ION 2.

ction 2 of the same Act is hereby also amended to read as follows:

SECTION 2. Declaration of Policy. ~ It is hereby
declared the policy of the State to [provide nec
assistance and protection for rape victims} V/
DIGNITY OF WOMEN
HEIR RIGHTS, AND Rl Aj in
NATION-BUILDING AND ALL OTHER IMMEDIAT
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 POTENTIALS 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 COUNSELLING AND
ALL OTHER ASSISTANCE NECESSARY TO PROTECT
‘THEM AGAINST ALL FORMS OF NEGLECT, ABUSE,
CRUELTY, PLOITATION AND OTHER ACTS
PREJUDICIAL TO THEIR WELFARE AND DEVELOPMENT."



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

"SECTION 3. (RapeJRESOURCE 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
counselling, medical and health services, including their
medico-legal examination;

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

"(©) Assisting rape victims in the investigation to hasten
the arrest of offenders and the tiling of cases in court;

"(@ Ensuring the privacy and safety of rape victims;

"(©) Providing psychological counseling and medical
services whenever necessary for the family of rape victims;

"(®) 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, NONGOVERNMENT AND
RELIGIOUS ORGANIZATIONS IN PARTNERSHIP WITH



eIYAKHELN=

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THE GOVERNMENT. THE COUNCIL SHALL BE
COMPOSED OF AUTHORIZED REPRESENTATIVES FROM.
THE DSWD, THE DEPARTMENT OF THE INTERIOR
AND LOCAL GOVERNMENT (DILG), THE
DEPARTMENT OF HEALTH (DOH), THE
DEPARTMENT OF JUSTICE (DOJ), THE
DEPARTMENT OF TRADE AND INDUSTRY (DTD,
THE DEPARTMENT OF EDUCATION (DEPED), THE
DEPARTMENT OF LABOR AND EMPLOYMENT
(DOLE), THE NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY (NEDA), THE PHILIPPINE,
COMMISSION ON WOMEN (PCW), THE NATIONAL
YOUTH COMMISSION (NYC), THE TECHNICAL
EDUCATION AND SKILLS DEVELOPMENT
AUTHORITY (TESDA), THE WOMEN AND CHILDREN
CONCERNS DIVISION OF THE PHILIPPINE
NATIONAL POLICE (WCCD/PNP), THE
COMMISSION ON HIGHER EDUCATION (CHED)
AND NONGOVERNMENT AND PEOPLE

ORGANIZATIONS DULY ACCREDI!

ADVISORY COUNCIL. THE
SY COUNCIL, DULY CHAIRED BY THE DSWD,
SHALL ALSO ACT AS AN ADVISORY COUNC

SEE TI FECTIVE IMPLEMENTATION OF TI
PROGRAMS

"(B) FUNCTIONS OF THE . — THE

SHALL HAVE THE FOLLOWING

TO ENSURE COMPREHENSIVE AND
INTEGRATED SERVIC!

"@) 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;

"@) 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 CHIDREN TO BECOME PRODUCTIVE,
MEMBERS OF SOCIETY;

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



"(4) TO UNDERTAKE ACTIVITIES RELATED TO
MORAL RECOVERY AND GENDER-SE

VALUES FORMATION, COUNSELLING,
REHABILITATION AND PSYCHOSOCIAL
PROGRAM!

(8) 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 THEARREST OF OFFENDERS AND THE,
FILING OF C. IN COURT;

"”) TO PROVIDE PSYCHOLOGICAL
COUNSELLING AND MEDICAL SERVICES WHE)
NECESSARY FOR THE FAMILY OF RAPE VICTIMS OR
VICTIMS OF OTHER FORMS AND ABUSES;

"(8) TO PROVIDE SKILLS TRAINING OR
LIVELIHOOD ISTAN TO SURVIVORS OF
VIOLENCE;

"9) TO STRENGTHEN AND FACILITATE
LINKAGES OF ~=WOME! AND CHILDREN'S GROUPS
AND ORGANIZATIO! WITH RELE
GOVERNMENT AGENCIES AND LGUs TO MAXIMIZE
‘THE DELIVERY OF BASIC AND SUPPORT SERVICES FOR
WOMEN AND CHILDREN AND ADVOCATE FOR THE
PRO

"(10) TO DEVELOP AND UNDERTAKE.
CONTINUING APACITY-BUILDING
TRAINING PROGRAM FOR FRONTLINE S$
PROVIDERS INCLUDING, BUT NOT LIMITED TO,
LAW ENFORCEMENT OFFICERS, PUBLIC
PROSECUTORS, LAWYERS, MEDICO-LEGAL
OFFICERS, | PSYCHOLOGISTS /ELOPMENT
WORKERS, SOCIAL WORKERS, HEALTH WORKERS,
THERAPISTS AND BARANGAY OFFICIALS ON HUMAN
RIGHTS AND RESPONSIBILITIES; GENDER
SENSITIVITY AND LEGAL/CASE MANAGEMENT
OF SITUATIONS/CASES INVOLVING WOMEN AND
CHILDREN; AND

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

"(© CLIENTS OF THE CENTERS. — ALL WOMEN
AND CHILREN UNDER THE FOLLOWING
CIRCUMSTANCES SHALL BE ENTITLED TO PROTECTION
AND ASSISTANCE BY THE CENTERS:

"(1) VICTIMS OF PROSTITUTION AND
SEXUAL EXPLOITATION;



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"(2) VICTIMS OF DOMESTIC VIOLENCE, ABUSE,
AND BATTERY;

"(3) VICTIMS OF RAPE, INCEST, SEXUAL
ABUSE, HARASSMENT OR MOLESTATION;

"@) VICTIMS OF ILLEGAL RECRUITMENT,
TRAFFICKING AND/OR LABOR EXPLOITATION;

"(5) 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 LIVELIHOO!

"(6) ABANDONED AND RU:
AND CHILDREN;

AWAY WOMEN

"() WOMEN AND CHILDREN IN DETENTION;

"(8) VICTIMS OF ANY FORM OF VIOLENCE
AND SUFFERING FROM ANY CRISIS SITUATION;

“@) VICTIMS SU ING FROM MENTAL,
EMOTIONAL, AND PHYSICAL
DISABI aS SUPPORT AND

ASSISTANC!
"(10) VICTIMS OF OTHER CIRCUMSTANCES AS
MAY BE DI MINED BY THE DSWD.

"(D) PERSONNEL/STAFF COMPLEMENT OF
THE CENTERS. - EACH CENTER SHALL BE HEADED BY
A FE: + DIRECTOR WHO HOLDS A BACHELOR'S
DEGRE IN SOCIAL WORK OR COMMUNITY
DEVELOPMENT OR SIMILAR COURSES, HAS A
MINIMUM EXPERIENCE OF FIVE (5) YEARS IN
AND PSYCHOLOGICAL
SERVICES AND OTHER RELATED D OR
EXPERIENCE, AND PO: S A PROV! TRACK
SORD AS AN ADVOCATE OF WOMEN'S ISSUES AND
EXPERTISE IN GENDER-RESPONSIVE TRAININGS AND
PROGRAMS FOR CAPABILITY-BUILDING AND IS OF
GOOD MORAL CHARACTER.

COUNSELLING,

"THE SECRETARY OF THE DSWD, IN
CONSULTATION WITH THE HEADS OF THE
CONCERNED LGU SHALL APPOINT THE DIRECTOR AND
OTHER NECESSARY PERSONNEL OF THE CENTERS, THE
STAFF COMPLEMENT OF THE CENTERS SHALL BE
SUBJECT 'O THE APPROVAL OF THE DEPARTMENT
OF BUDGET AND MANAGEMENT (DBM).

"VOLUNTEERS FROM THE VARIOUS
NONGOVERNMENT ORGANIZATIONS MAY EXTEND


eI AHN H

©

PROFESSIONAL, HOUSEHOLD, RECREATIONAL AND
TRAINING EXPERTISE TO THE CENTERS. STUDENTS OF
SOCIAL WORK AND WOMEN STUDIES AND OTHER
RELATED PROGRAMS WHO ARE IN PRACTICUM COURSE
MAY RENDER VOLUNTARY SERVICES TO THE
CENTERS. 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

SECTION 4. Republic Act No. 8505 is hereby further amended by inserting the
following new Sections after Section 3 thereof:

"SECTION 4. REHABILITATION _ AND
DEVELOPMENT PROGRAM. - THE DSWD, IN
CONSULTATION WITH THE INTER-AG!
CONVENED UNDER SECTION 3(A) HEREOF,
SIX () MONTHS FROM THE APPROVAL OF
FORMU. 3 A PROGRAM FOR THE
REHABILITATION, DEVELOPMENT AND PROTECTION
OF WOMEN AND CHILDREN, MENTIONED IN $

S

7 ! MONITOR
ACCOMPL! ISHM NTS OF PARTICIPATING AGENC!
IT SHALL ALSO ACT AS AN ADVISORY BOARD.

"THE DSWD MAY CALL ON NATIONAL
AGENCIES AND LGUS, ACADEMIC INSTITUTIONS
AND INTERN i TO ASSIST
IN THE IMPLEMEN THIS ACT BY WAY OF
PROGRAM — COLLABORATION AND FUNDING
AUGMENTATION AMONG OTHERS.

3CTION 5. AUTHORITY TO AC
DONATIONS. — THE DSWD, THROUGH THE PRESIDEN’
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 THE VARIOUS CENT! 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.”

SECTION 5. Sections 4, 5 and 6 of Republic Act No. 8505 are hereby renumbered
accordingly as Sections 6, 7 and 8

SECTION 6. Sections 7 and 8 are hereby deleted.

SECTION 7. Appnpriation: — The amount necessary for the implementation of this Act
shall be included in the budget of the DSWD under the annual General Appropriations Act.

SECTION 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

SECTION 9. Sepanability 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.

SECTION 10. Repealing Clause. — All laws, acts, presidential decrees, executive orders,

T



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administrative orders, rules and regulations inconsistent with or contrary to the provisions of this Act
are deemed amended, modified or repeated accordingly.

SECTION 11. Effcivip. - This Act shall take effect fifteen (15) day
its publication in at least two (2) newspapers of general circulation.

after the completion of

Approved,