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RecennD
XECEIVED
11 SEP 2013.

Republic of the Philippines,
House of Representati
Quezon Gity

SIXTEENTH CONGRESS:
First Regular Session

House BillNo,__ 2803.

Introduced by: REPRESENTATIVE ABIGAIL FAYE C. FERRIOL

EXPLANATORY NOTE

Women and children are two sectors thal 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 cach 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" Congress and reflects the,

changes made during the deliberations in the Committee on Women and Gender Equality.

wh

ABIGAIL/FAYE C. FERRIOL
Representative
Kalinga Party-list


Republic of the Philippines
House of Representatives
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House sito, 2853

Introduced by: REPRESENTATIVE ABIGAIL FAYE C. FERRIOL

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

Bo it enacted by the Senate and the House of Reprosentatives 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 AGT OF 2012."

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

"SEC. 2. Declaration of Policy. ~ Il 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 agenc

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 Center$. — [The
Department of Social Welfare and Development (DSW), 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:

(0) Assisting rape victims in the investigation to ha:

fen the arrest of offenders and the filing of

cases in court;

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

(e) Providing psychological counseling and medical services when 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 (I9SWD) IN CONSULTATION
WITH CONCERNED LOCAL GOVERNMENT UNITS (LGUs).

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

ADVISORY COUNCIL

ANINTER-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 (PNPAWCCD), 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 COUNGIL, DULY CHAIRED
BY THE DSWD, SHALL ALSO ACT AS AN ADVISORY COUNGIL 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:

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


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

2.

10.

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 SOCIFTY;

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

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 CHILDREN UNDER THE FOLLOWING CIRCUMSTANCES:
SHALL BE ENTITLED TO PROTECTION AND ASSISTANCE BY THE CENTER:
1 VICTIMS OF PROSTITUTION AND SEXUAL EXPLOITATION;
2. VICTIMS OF DOMESTIC VIOLENCE, ABUSE AND BATTERY,
3. VICTIMS OF RAPE, INCEST, SEXUAL ABUSE, HARASSMENT OR MOLESTATION;
4 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;

9. VICTIMS SUFFERING FROM MENTAL, EMOTIONAL, PSYCHOLOGICAL AND.
PHYSICAL DISABILITIES NEEDING SPECIAL SUPPORT AND ASSISTANCE; AND

10, VICTIMS OF OTHER CIRCUMSTANCES AS MAY BE DETERMINED BY THE
DSWoD.

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
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 IS 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.

aller S

SEC. 4. RA 8505 is hereby further amended by inserting the following new Sections

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 AGENCIFSAND 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

of.

may be necessary for the proper implementation ther

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 CLAUS
administrative orders, rule:

All a
and regulations inconsistent with or contrary to the provisions of

s, acts, presidential decrees, executive orders,

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,