fe
Z %
(3 RECEIVED \
IE pate 12 AUG 05

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 357 4

Introduced by REP. YSABEL MARIA J. ZAMORA.

EXPLANATORY NOTE

‘This bill seeks to establish Resource Development and Crisis Assistance Centers for
Women and Children (the “Centers”) in every province and city in the country. The Centers
shall be under the management and supervision of the Department of Social Welfare and
Development (DSWD) in consultation with the concerned local government units (LGUs)

The bill broadens the scope of service of the Centers to include women and children who
are victims of other forms of abuse. Presently, the Rape Crisis Centers under Republic Act No.
£8505 caters only to rape victims.

The Centers under this proposed measure are intended to respond to the needs of
women and children who are victims of abuse and to support their recovery. This bill also
affirms the continued commitment of the Philippines to the Convention on the Elimination of all
Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of
Children.

In view of the foregoing, the immediate approval of this measure is earnestly sought.

Lone District, City of San Juan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

‘TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 3574

Introduced by REP, YSABEL MARIA J. ZAMORA

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:

SECTION 1. Short Title. - This Act shall be known as the “Resource Development and Crisis
Assistance for Women and Children Act.”

SEC. 2 Section 2 of Republic Act No. 8505 is hereby amended to read as follows:

“SEC. 2. Declaration of Policy. — It is hereby declared the policy of the State
to [provide necemary_aminanee and protection for_tape victims] VALUF THF
DIGNITY OF WOMEN AND CHILDREN, DEFEND THEIR RIGHTS, AND
RECOGNIZE THEIR ROLE IN NATION-BUILDING AND PROVIDE ALL
OTHER IMMEDIATE ASSISTANCE AS MAY BE NECESSARY TO PROTECT
THEM. Towards this end, the [government shall coordinate its various agencies and
operation-of a rape-crisis-center_in-every_province_and city that-shall assist and
protect rape-victins inthe Htigation-of- their_cases and. their-recovery.] STATE

SHALL ENSURE THE PROTECTION OF THEIR FUNDAMENTAL RIGHTS
AND SHALL PROVIDE THEM WITH FACILITIES, RESOURCES, SERVICES,
AND OPPORTUNITIES THAT WILL ENSURE THEIR WELFARE AND ENABLE
THEM TO REALIZE THEIR FULL POTENTIALS IN THE SERVICE OF THE
NATION. THE STATE SHALL 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 VIOLENCE,
NEGLECT, ABUSE, CRUELTY, EXPLOITATION AND OTHER ACTS
PREJUDICIAL TO THEIR WELFARE, DEVELOPMENT, AND FULFILLMENT OF
THEIR RIGHTS.”



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

“SE [Rape] RESOURCE DEVELOPMENT AND Crisis ASSISTANCE

Centers. ~ [he Department-of-Sociel Wellore-ond Development (DSWD) the

“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).”

THE CONCERNED LGUs AND THE DSWD SHALL ENTER INTO A
MEMORANDUM OF AGREEMENT (MOA) INDICATING THEREIN THEIR
SHARED RESPONSIBILITY IN THE ESTABLISHMENT AND OPERATION OF
‘THE CENTERS.

“(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 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 (DO), 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 PHILIPPINE
NATIONAL POLICE ~ WOMEN AND CHILDREN PROTECTION CENTER
(PNP-WCPC), THE COMMISSION ON HIGHER EDUCATION (CHED), THE
COUNCIL ON THE WELFARE OF CHILDREN (CWO), AND WOMEN’S
NONGOVERNMENT AND CIVIL SOCIETY ORGANIZATIONS DULY
ACCREDITED BY NATIONAL GOVERNMENT AGENCIES. THE INTER-
AGENCY COUNCIL, DULY CHAIRED BY THE DSWD, SHALL ALSO ACT AS
AN ADVISORY COUNCIL TO OVERSEE THE EFFECTIVE IMPLEMENTATION
AND MONITORING OF THE CENTERS’ PROGRAMS.

“(B) FUNCTIONS OF THE CENTERS. - THE CENTERS SHALL HAVE
THE FOLLOWING FUNCTIONS TO ENSURE COMPREHENSIVE AND
INTEGRATED SERVICES:

“() TO SERVE AS THE VENUE FOR CONSCIOUSNESS-RAISING,
CAPABILITY-BUILDING AND FUNCTIONAL LITERACY ENHANCEMENT
PROGRAMS, AMONG OTHERS, THAT WILL EDUCATE THE CENTERS’
CLIENTELE, ENHANCE PUBLIC AWARENESS OF ISSUES, AND PROMOTE
COMMUNITY PARTICIPATION TOWARD WOMEN’S AND CHILDREN’S
EMPOWERMENT;

“2) TO UNDERTAKE PROGRAMS GEARED TOWARDS MATERNAL
AND CHILD HEALTH CARE, SELF-ENHANCEMENT AND THE
DEVELOPMENT OF SKILLS FOR LIVELIHOOD GENERATION, SOCIAL
COMMUNICATION, AND OTHER RELEVANT OCCUPATIONAL SKILL

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

“(4) TO UNDERTAKE PROGRAMS RELATED TO GENDER SENSITIVITY
AND GENDER-RESPONSIVE VALUES FORMATION, COUNSELLING,
REHABILITATION AND PSYCHOSOCIAL WELLBEING;

45) TO PROVIDE ADEQUATE TEMPORARY SHELTER TO ABUSED
WOMEN AND THEIR CHILDREN;

46) TO ASSIST RAPE VICTIM-SURVIVORS OR VICTIM-SURVIVORS
OF OTHER FORMS OF ABUSES DURING INVESTIGATION TO HASTEN THE
ARREST OF OFFENDERS AND THE FILING OF CASES IN COURT;

“(7) TO PROVIDE PSYCHOLOGICAL COUNSELLING AND MEDICAL
SERVICES WHEN NECESSARY FOR THE FAMILY OF RAPE VICTIM-
SURVIVORS OR VICTIM-SURVIVORS OF OTHER FORMS OF ABUSES;

“(8) TO PROVIDE SKILLS TRAINING AND LIVELIHOOD ASSISTANCE
TO VICTIM-SURVIVORS OF VIOLENCE;


(9) TO STRENGTHEN AND FACILITATE LINKAGES OF WOMEN’S
AND CHILDREN’S GROUPS AND ORGANIZATIONS WITH RELEVANT
GOVERNMENT AGENCIES AND LGUs TO MAXIMIZE THE DELIVERY OF
BASIC AND SUPPORT SERVICES FOR WOMEN AND CHILDREN AND
ADVOCATE FOR THE PROTECTION AND ADVANCEMENT OF THEIR
RIGHTS;

“(10) 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 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.

“(C) CLIENTS OF THE CENTERS. - ALL WOMEN, INCLUDING
TRANSGENDER WOMEN, AND CHILDREN UNDER THE FOLLOWING
CIRCUMSTANCES SHALL BE ENTITLED TO PROTECTION AND
ASSISTANCE BY THE CENTERS:

“(1) VICTIM-SURVIVORS OF PROSTITUTION AND SEXUAL
EXPLOITATION;

“@2) VICTIM-SURVIVORS OF DOMESTIC VIOLENCE, ABUSE AND
BATTERY;

(3) VICTIM-SURVIVORS OF RAPE, INCEST, SEXUAL ABUSE,
HARASSMENT OR MOLESTATION;

“(4) VICTIM-SURVIVORS OF ILLEGAL RECRUITMENT, TRAFFICKING
AND/OR LABOR EXPLOITATION;

45) VICTIM-SURVIVORS OF ARMED CONFLICT, NATURAL OR
ENVIRONMENTAL DISASTERS WHO ARE SUFFERING FROM TRAUMA
DUE TO DEATH OR DISPLACEMENT OF FAMILY MEMBERS, DISLOCATION
OR LOSS OF LIVELIHOOD;

“(6) ABANDONED AND RUN-AWAY WOMEN AND CHILDREN;

“(7) WOMEN AND CHILDREN IN DETENTION;

(8) VICTIM-SURVIVORS OF ANY FORM OF VIOLENCE AND
SUFFERING FROM ANY CRISIS SITUATION;


“(9) VICTIM-SURVIVORS SUFFERING FROM MENTAL, EMOTIONAL,
PSYCHOLOGICAL AND PHYSICAL DISABILITIES NEEDING SPECIAL
SUPPORT AND ASSISTANCE; AND

(10) VICTIM-SURVIVORS OF OTHER CIRCUMSTANCES AS MAY BE
DETERMINED BY THE DSWD.

“(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 A MINIMUM EXPERIENCE OF FIVE (5) YEARS
IN COUNSELLING, 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 TRAININGS AND PROGRAMS FOR CAPABILITY-
BUILDING AND IS OF GOOD MORAL CHARACTER.

“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 TO THE APPROVAL
OF THE DEPARTMENT OF BUDGET AND MANAGEMENT (DBM).

“VOLUNTEERS FROM THE VARIOUS NONGOVERNMENT
ORGANIZATIONS MAY EXTEND PROFESSIONAL, HOUSEHOLD,
RECREATIONAL AND TRAINING EXPERTISE TO THE CENTERS.
STUDENTS OF SOCIAL WORK AND WOMEN STUDIES AND OTHER
RELATED PROGRAMS WHO ARE IN PRACTICUM COURSES 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.”

SEC. 4,Republic Act No. 8505 is hereby further amended by inserting the following new
Sections after Section 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 CENTERS AND MONITOR THE
ACCOMPLISHMENTS OF PARTICIPATING AGENCIES. IT SHALL ALSO
ACT AS AN ADVISORY BOARD.

“THE DSWD MAY CALL ON NATIONAL AGENCIES AND LGUS,
ACADEMIC INSTITUTIONS AND INTERNATIONAL ORGANIZATIONS TO
ASSIST IN THE IMPLEMENTATION 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 THE 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 the same Act are hereby renumbered accordingly as Sections 6, 7
and 8.

SEC. 6, Sections 7 and 8 of the same Act 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 concemed agencies, including at least three (3) women’s and civil
society organizations active on the issues of gender-based violence, 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 shalll 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 its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,