Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" Congress
First Regular Session

House Bill No__3447

Introduced by REPRESENTATIVES MA. ANGELICA M. AMANTE-MATBA, MARIA ISABELLE G. CLIMACO,
LUZVIMINDA C. ILAGAN & REENA CONCEPCION G. OBILLO

EXPLANATORY NOTE

The proposed measure will in effect amend an existing law, Republic Act 8505 (Rape
Victim Assistance and Protection Act of 1998) so as not to limit the law's mandate of
operating crisis centers in every province and city merely to rape victims, but for other

victims as well of prostitution, sexual exploitation, domestic violence, trafficking and other

unfortunate circumstances.

There shall be established in every province and city of the country Resource
Development and Crisis Assistance Centers for women and children, 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 and in coordination
with concerned local government units. They shall have specific functions among which are
to ensure comprehensive and integrated services and enhance public awareness of issues

and promote community participation.

Approval of this laudable measure painstakingly worked on and finetuned by our
predecessor-colleagues in the Committee on Women & Gender Equality during the

MA.ANGELICA M. a
Represeniatve, 2” Di (he of Agusan del Norte

yx 15" ae Een NonsihG Women & Gender Equality ]

A ISABELLE
REENA CONCEPCION G. OBILLO

Deputy Spun escent 1 istic - Zamboanga .
Party List — Una ang Pamilya
IMINDA C. aif
Fart List cap


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15" Congress
First Regular Session

House Bill No_ 344A"?

Introduced by REPRESENTATIVES MA. ANGELICA M. AMANTE-MATBA, MARIA ISABELLE G.
CLIMACO, LUZVIMINDA C. ILAGAN, REENA CONCEPCION G. OBILLO

AN ACT
AMENDING REPUBLIC ACT NO. 8505, OTHERWISE KNOWN AS THE “RAPE VICTIM ASSISTANCE AND
PROTECTION ACT OF 1998” AND FOR OTHER PURPOSES

Be it enacted by the Senate and 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 2009.”

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

"SEC. 2. Declaration of Policy. - It is hereby declered 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 THEIR ROLE IN NATION-BUILDING
AND ALL OTHER IMMEDIATE ASSISTANCE AS MAYBE 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


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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, 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
(D0), 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 vi

{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
s; gender sensitivity and legal management of rape cases; and

rights and responsibil
(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 IN EVERY PROVINCE AND CITY OF THE COUNTRY
RESOURCE DEVELOPMENT AND CRISIS ASSISTANCE CENTERS FOR WOMEN AND CHILDREN,
HEREINAFTER REFERRED TO AS THE “CENTERS.” THESE CENTERS SHALL BE UNDER THE


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MANAGEMENT AND SUPERVISION OF THE DEPARTMENT OF SOCIAL WELFARE AND
IT (DSWO) IN CONSULTATION WITH CONCERNED LOCAL GOVERNMENT UNITS.

DEVELOPI

ff THE INTER-AGENCY COUNCIL TO BE KNOWN AS THE ADVISORY

‘A, COMPOSITION
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. THE COUNCIL SHALL BE
REPRESENTATIVES FROM THE DEPARTMENT OF SOCIAL

COMPOSED OF AUTHORI:
WELFARE AND DEVELOPMENT {DSWD}, DEPARTMENT OF THE INTERIOR AND LOCAL
TH (DOH), DEPARTMENT OF TRADE AND

GOVERNMENT (DILG), DEPARTMENT

INDUSTRY (DTI), DEPARTMENT OF EDUCATION (DEPED), DEPARTMENT OF LABOR AND

EMPLOYMENT (DOLE), DEPARTMENT OF JUSTICE (DOJ), NATIONAL ECONOMIC AND
DEVELOPMENT AUTHORITY (NEDA), NATIONAL COMMISSION ON THE ROLE OF FILIPINO

WOMEN (NCRFW), NATIONAL YOUTH COMMISSION (NYC), TECHNICAL EDUCATION AND
N AND CHILDREN PROTECTION DESK

MY (TESDA), THE WON
), THE COMMISSION ON HIGHER EDUCATION
By

SKILLS DEVELOPMENT ACAI

OF THE PHILIPPINE NATIONAL POLICE (PNP)

IT AND PEOPLE'S ORGANIZATIONS DULY ACCREDI

(CHED) AND NON-GOVERNM
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 OVERS! ECTIVE IMPLEMENTATION OF THE CENTERS’

PROGRAMS.

8. FUNCTIONS OF THE CENTERS. —
THE CENTERS SHALL HAVE THE FOLLOWING FUNCTIONS TO ENSURE

COMPREHENSIVE AND INTEGRATED SERVICES:

1, 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;

3. TO PROVIDE FREE LEGAL SERVICES, MEDICAL ASSISTANCE INCLUDING MEDICO
LEGAL EXAMINATIONS AND PSYCHOLOGICAL COUNSELLING TO'VICTIMS OF RAPE



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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 ORGANIZATIONS 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;

10, TO DEVELOP AND UNDERTAKE A CONTINUING CAPACITY-BUILDING AND

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

CLIENTS OF THE CENTERS —

EN

ORON =

ALL WOMEN AND CHILDREN UNDER THE FOLLOWING CIRCUMSTANCES SHALL BE

ITITLED TO PROTECTION AND ASSISTANCE BY THE CENTER:

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;


6. ABANDONED AND RUN-AWAY WOME
7. WOMEN AND CHILDREN IN DETENTION.
8. VICTIMS OF ANY FORM OF VIOLEN! D Suse BON ANY CRISIS SITUATION;
9, VICTIMS SUFFERING FROM MENTAL, & N: CHOLC AND PHYSICAL
DISABILITIES NEEDING SPECIAL SUPP
AA THE DSWD.

10, VICTIMS OF OTHER CIRCUMSTANCES AS MAY 8:

D. PERSONNEL/STAFF COMPLEMENT OF THE CENTERS -
MALE DIRECTOR WHO HOLDS A BACHELOR'S

EACH CENTER SHALL BE HEADED BY A
DEGREE IN SOCIAL WORK OR COMMUNITY DEVELOPMENT OR SIMILAR COURSES, HAS A
VE (5) YEARS IN COUNSELLING, SOCIAL AND

MINIMUM — EXPERIENCE
VICES AND OTHER RELATED FIELD OR EXPERIENCE, AND POSSESSES

E OF WOMEN’S ISSUES AND EXPERTISE IN

PSYCHOLOGICAL
‘A PROVEN TRACK RECORD AS AN ADVOCA’
RAININGS AND PROGRAMS FOR CAPABILITY-BUILDING AND IS OF

GENDER-RESPONSI!
GOOD MORAL CHARACTER.

IN CONSULTATION WITH CONCERNED LOCAL
ER

THE SECRETARY OF THE DSWO,
GOVERNMENT UNIT HEADS SHALL APPOINT THE CENTER DIRECTOR AND O

F THE CENTER COMPOSED OF THE SOCIAL WORKER, TRAINER

PERSONNEL AND STA‘

SUPPORT STAFF ON PERMANENT BASIS AND

AND TWO ADMINISTRATIV
ISATIONS SUBJECT TO NECESSARY QUALIFICATIONS UNDER

COMMENSURATE COM!
CIVIL SERVICE RULES AND REGULATIONS.

RIOUS NON-GOVERNMENT ORGANIZATIONS MAY

VOLUNTEERS FROM TH!

(OLD, RECREATIONAL, AND TRAINING EXPERTISE TO

EXTEND PROFESSIONAL, HOUSE
THE CENTER. STUDENTS OF SOCIAL WORK AND WOMEN STUDI

'S 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. REHABILITATION AND DEVELOPMENT PROGRAM. - THE DSWD IN CONSULTATION
THE INTER-AGENCY COUNCIL CONVENED UNDER SECTION 3 (A) HEREOF SHALL
SIX (6) MONTHS FROM THE APPROVAL OF THIS ACT, FORMULATE A PROGRAM FOR



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THE REHABILITATION, DEVELOPMENT AND PROTECTION OF WOMEN AND CHILDREN,
MENTIONED IN SECTION 3(8) 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 AGENCIES AND LOCAL GOVERNMENT UNITS,
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. 6. APPROPRIATIONS. - THE AMOUNT NECESSARY FOR THE EFFECTIVE
IMPLEMENTATION OF THIS ACT SHALL BE CHARGED TO THE APPROPRIATIONS FOR THE
DEPARTMENT OF SOCIAL WELFARE AND DEVELOPMENT UNDER THE CURRENT GENERAL
APPROPRIATIONS ACT. THEREAFTER, SUCH SUM AS MAY BE NECESSARY FOR THE
CONTINUED OPERATION AND MAINTENANCE OF THE CENTERS SHALL BE INCLUDED IN THE
ANNUAL GENERAL APPROPRIATIONS ACT.

SEC. 7. 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. 8. 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. 9. 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.


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DEGREE IN SOCIAL WORK OR COMMUNITY DEVELOPMENT OR SIMILAR CON IDer~

EACH CENTER SHALL BE HEADED BY A

MINIMUM EXPERIENCE

oF Five i

. enSUNNNEL/STAFF COMPLEMENT OF THE CENTERS —
ALE DIRECTOR WHO HOLDS A BACHELOR'S