@A @O REPUBLIC OF THE PHILIPPINES Department of Labor and Employment National Bureau of Investigation Philippine National Police Joint Memorandum Circular No. 20/5 - 009. 29 October 2015, To : ALL PROVINCIAL GOVERNORS, CITY AND MUNICIPAL eeyors: PUNONG BARANGAYS, PRESIDING OFFICERS SANGGUNIAN AT ALL LEVELS, THE REGIONAL DIRECTORS AND FIELD OFFICERS OF DOLE, DILG, DSWD, PNP, NBI AND ALL OTHERS. CONCERNED SUBJECT : PROTOCOL ON THE RESCUE AND REHABILITATION OF ABUSED KASAMBAHAY PURSUANT TO REPUBLIC ACT NO. 10361 ENTITLED AN ACT INSTITUTING POLICIES FOR THE PROTECTION AND WELFARE OF DOMESTIC WORKE! SECTION 1. BACKGROUND Republic Act No. 10361, otherwise known as “Domestic Workers Act’ or "Batas Kasambahay’ was signed on 18 January 2013 and took effect on 04 June 2013 Subsequently, the Implementing Rules and Regulations (IRR) of the said Act was promulgated on 09 May 2013. Accordingly, the State recognizes the need to protect the rights of the Kasambahay against abuse, harassment, violence, economic exploitation and performance of work that is hazardous to their physical and mental health. Thus, in Section 31 of the Kasambahay Law, ‘The DSWD and the DILG shall develop a standard operating procedure for the rescue and rehabilitation of abused domestic workers, and in coordination with the DOLE, for possible subsequent job placement.” In the exercise of their duty to secure and protect the abused kasambahay from the perpetrator/abusive situation, the rescue team shall, at all times, ensure the full protection of the rights of the abused kasambahay as well as observe the rights of the employer and members of the household during the rescue operation and while under its custody and control. ¥' ) reSECTION 2. PURPOSE ‘This Circular is hereby issued to provide guidelines to all the concerned agencies for the immediate rescue and rehabiitation of abused or exploited kasambahay nationwide, without discrimination based on gender, language, culture and ethnicity, religion or origin. ‘SECTION 3. COVERAGE This Circular shall cover the following: 1. Employer or any member of the household who allegedly committed abuse against any kasambahay that resulted in physical abuse, sexual harm, and/or economic abuse. 2. Parties who can report any act of abuse committed against a kasambahay, include but is not limited to the following: a. Offended kasambahay, b. Parents or guardians of the offended kasambahay, ascendants/ oF collateral relatives within the fourth (4%) civil degree of consanguinity or affinity; Social workers from LSWDOs or the DSWD Field Office; Law enforcement officers from the women and children protection desk: Barangay officials; Lawyer, counselor, therapist or health care provider of the offended kasambahay, 9. At least two (2) concemed responsible citizens of the city or municipality where the abuse occurred and who has personal knowledge of the offense committed; or h. Government officials and employees. spao 3. Persons to whom the report is made, namely: a. Punong Barangay/Kasambahay Desk Officer where the abuse occurred; b. Social workers from the LSWDO or the DSWD Field Office; ¢. Police officers and National Bureau of Investigation (NBI) investigators: or d. Any officer of the PESO. This circular shall however exclude from its coverage reports or cases of alleged Psychological violence and/or abuse as basis for initiating rescue operations. ‘SECTION 4. DEFINITION OF TERMS For purposes of this Circular, the following terms shall mean: A. “Abused kasambahay” refers to ‘any kasambahay being subjected to or experiencing abuse committed by his/her employer or any member of the eilehousehold which results in or is likely to result in physical, sexual, psychological harm or economic abuse. |. "Physical violence” refers to acts that inflict physical or bodily harm to a kasambahay. “Sexual violence” refers to an act which is sexual in nature, committed against a kasambahay. It includes, but is not limited to: (1) Rape, sexual harassment, acts of lasciviousness, treating the kasambahay as a sex object, making demeaning and sexually suggestive remarks, physically attacking the sexual parts of the kasambahay’s body, forcing him/ her to watch obscene publications and indecent shows or forcing him / her to do indecent acts and / or make films thereof. (2) Acts causing or attempting to cause the kasambahay to engage in any sexual activity including prostitution by force, threat of force, physical or other harm or threat of physical or other harm or coercion “Economic abuse” refers to the withholding of the kasambahay’s wage or a part of it or any act which induce the kasambahay to give up any part of the wage by force, stealth, intimidation, threat or by any other unlawful means whatsoever; . "Psychological violence” refers to acts or omissions causing or likely to cause ‘mental or emotional suffering to the kasambahay such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse. . ‘Pre-Rescue Operation” refers to preparatory steps or activities to be undertaken by concemed government agencies such as, but not limited to the validation of report or information, coordination and planning the details of the rescue to ensure success of the rescue operation. . “Actual Rescue Operation” refers to the actual conduct of rescuing the abused kasambahay by the rescue team to secure and protect said victim from the perpetrator/ abusive situation. |. "Post Rescue Operation” refers to the activities undertaken after the abused kasambahay has been rescued from the perpetrator or abusive situation, such as the provision of various interventions and services by the respective rescue team members including DSWD-accredited non-government organizations (NGOs) towards the rehabilitation and protection of the abused kasambahay. “Rehabilitation” refers to the action of designated officials, agencies, and DSWD-accredited NGOs after the rescue operations, such as but not limited to: providing temporary shelters, counseling, providing free legal, medical or psycho-social services, giving livelihood and skills training, and ensuring Possible subsequent job placement. Se iat a xSECTION 5. ROLES AND RESPONSIBILITIES The Officer or designated representative shall perform the following duties and responsibilities hereunder enumerated. A. Punong Barangay or Kasambahay Desk Officer Upon receipt of reportis of abuse against a kasambahay, the Punong Barangay or his designated representative shall perform the following: 1. Property document and enter in a logbook or blotter reports of abused kasambahay which must be kept confidential at all times. The Complaints Logbook shall contain relevant information on reported abuse such as dates of receipt of complaint, name of complainant, personal information/profile of the abused kasambahay and remarks or action to be taken based on the ‘complaint. 2. Validate reports received a. If made by the abused kasambahay: 1.1. Interview the abused kasambahay about the details of the incident, Assess the incident and refer to the following: 2.2.1 If further legal attention is required, he/she may be referred to the Municipal or City Legal Officer of the concemed LGU. .2.2 If protective service is required in the rehabilitation for the abused kasambahay’s safety and security, refer him/her to the LSWDO and /or to the appropriate department of the concerned LGUs. 4.2.3 If the case is sexual abuse such as rape and acts of lasciviousness, assist the victim-survivor in referring the case to PNP WCPD. 2.4 If psychologically harmed or abused, assist victim-survivor in referring her/him to psychologist or psychiatrist. b. If made by referring party other than the abused kasambahay: 1 Interview the reporting person about the incident; and b.2.Inform the referring party about the rights of the abused kasambahay that they are protected based on the Kasambahay Law. Furthermore, the referring party shall encourage the abused kasambahay to file @ complaint. c. If the abused kasambahay is a minor (below 18 years old): c.1. Parents must be notified and coordinated. Do not interview the child except for his/her personal circumstances and necessity of referring for immediate medical attention. The interview must be done in a safe Fo aa xy2. If the main request is assistance in filing of case, refer the minor to the WCPD for the conduct of proper police invest zi 3. If needing immediate medical attention, refer to the WCPD, or the medical legal officer, or the city / municipal health officer. 4. Determine if the kasambahay is in danger and if so, contact the LSWDO or DSWD and refer the complaint to the social worker for validation, assessment and immediate rescue operation as the case may be. 5. Upon request, assist the city or municipal social welfare officer in rescuing the abused kasambahay, 6. Assist the rescue team in responding to a call for help or request for assistance or protection of the abused kasambahay by entering the dwelling, ifnecessary, to ensure the safety of the abused kasambahay, 7. If the abuse reported by the kasambahay is confirmed, shall assist in getting all the abused kasambahay's belongings from the house of the employer. 8. Advocate to all kasambahay that the kasambehay desk is a venue for any complaints or concems regarding their welfare; and 9. Perform other related functions as may be assigned. B. Local Social Welfare and Development Officer 4. Validate the information, assess the situation, and lead the immediate rescue operation as the case may be; 2. Lead the mapping out of rescue operations and giving of tasks and bilities to each member of the rescue team except in times, that the ‘absence of the social worker would entail unnecessary delay in rescue operations; Ensure a safe and secure place for temporary shelter of rescued kasambahay; 4. Facilitate the provision of the following services, if necessary: counseling, free legal and medical or psychological services for the rescued kasambahay, 5. Ensure that the Protocol for Case Management of Child Survivors of Abuse, ‘Neglect and Exploitation is observed in rescuing minor kasambahay, 6. Coordinate with the Public Employment Service Office (PESO) for employment facilitation; and 7. Provide livelihood trainings for rescued kasambahay during their stay in temporary shelters. C. PNP Officers / NBI Investigators 1. Discuss/provide security plan; 2. Observe the Police Operational Procedures at all times; £ Vy?3, Provide security and ensure safety during the conduct of rescue operation; 4. Assist the LSWDO and/or the barangay official in entering the premises of the ‘employer, when: 1a. the purpose is to prevent some serious harm to the victim, the occupants of the premises or a third person; and . in the presence of the law enforcer, the employer or any person within the premises has committed, is actually commiting, or is attempting to commit aan offense, lke inflicting harm on or detaining the kasambahay or any other person within the premises. 5. Assist in escorting the victim to a safe place or to a clinic or hospital; and 6. Conduct investigation of complaints filed by the abused kasambahay. D. DOLE Regional / Field Officer 1. Incases where the rescued kasambahay still wants to work, refer to PESO and DSWD for possible subsequent job placement, livelihood or training; 2. Facilitate the settlement / disposition of labor related disputes in accordance with Rule XI of the IRR pursuant to RA 10361 which provides that “All labor- related disputes shall be filed before the DOLE Field/ProvincialRegional Office having jurisdiction over the workplace and shall go through the thirty-day (30) ‘conciliation under the DOLE Single Entry Approach (SEnA) program to exhaust all efforts for the settlement of the dispute” ; and 3. Monitor the status of settlement of claims. E. PEAs owner or designated representative 1. Assist the kasambahay in filing his/her complaints or grievances against the employers; and 2. Cooperate with goverment agencies in rescue operations involving abused or exploited kasambahay. SECTION 6. CONDUCT OF RESCUE OPERATIONS (A flowchart of the procedure is found in the Annex) A. PRE-RESCUE OPERATION 4. Validate all the information received from the referring party as defined in the Kasambahay Law (the offended kasambahay, parents or guardians of the offended kasambahay, ascendants/ descendants or collateral relatives within the fourth civil degree of consanguinity or affinity, police officers from the WCPD, barangay officials, lawyer, counselor, therapist or health care provider of the offended kasambahay, of at least two (2) concemed responsible citizens); ine2. Undertake collaborative work such as obtaining documents if necessary eg. “Kontrata sa Pagiilingkod sa Tahanan’); 3. among members of the rescue team (LGU! DSWD Social Worker, ENP . Meeting bfheers / NBI investigators, DOLE Regional / Field Officer, Barangay Officials) to discuss and plan for the conduct of rescue operation; 4. Documentation of the meeting. B. ACTUAL RESCUE OPERATION 4. Rescue operation shall be properly coordinated with the City or Municipal Social Rescue pet Development Ofice / DSWD, law enforcement officers (Le.. PNE officers, NBI investigators), DOLE Regional / Field Officer and the concerned barangay officials; as “The law enforcement officers shall provide support to the Social Welfare Officer and Barangay Officials during the actual conduct of the rescue to avoid any untoward incident; 3, The rescue team shall provide full protection of the rights of the abused kasambahay and observe the rights of the employer/nousehold member as wel, 4, The Social Worker from the City or Municipal Social Welfare Development Office (CIMSWDO / DSWD) shall assess the kasambahay’s need during the rescue; 5. The Social Worker shall immediately rescue the abused kasambahay based on assessment. He / She shall be attended to either by direct provision of services andlor referra/endorsement to the concerned units for proper attention, e.g. the police, health units, DSWD and DOLE and other civil society organizations providing services, among others; 6. Assessment and documentation of the rescue operation. C. POST RESCUE OPERATION 4. The LSWDO shall facilitate provision ofthe following services for the rehabilitation athe rescued kasambahay, i needed. Such services may also be obtained through DSWD-accredited NGOs. a. temporary shelter, b. counseling session; ¢. free legal services through the Municipal or the City Legal Officer, 4. free medical services through Department of Health (DOH) or City/ Municipal Health Offices / Hospitals; e. psychosocial services; and/or {assessment of possible psychological abuse, especially for working 2 “The Social Worker from the LSWDO or the DSWD field office may provide financial yoryr2. The Social Worker from the LSWDO or the DSWD field office may provide financial assistance through livelihood. 3. The LSWDO shall coordinate with PESO /DOLE Regional / Field Officer for possible job placement and likewise with the TESDA, for skills and ladderized training. 4, The Barangay Officials may provide job placement within their respective ‘community. SECTION 7. BUDGET LGUs and / or barangays may opt to use the annual five percent (5%) Gender ‘and Development (GAD) budget allocation and / or any other local source in conducting the rescue of and providing rehabilitation to abused kasambahay as well as carrying out capability building programs at the local level subject to existing laws, rules and regulations on gender and development. SECTION 8. EFFECTIVITY This Joint Circular shall take effect immediately. Abicsthelaas MEL SENEN SARMIENTO Secretary Secretary Department of Social Welfare and! Department ofthe taro and Loc / Development Government ROSALINBA DIMAPILIR-BALDOZ Secretary Department of Labor and Employment ‘ATTY. VIRGIL@ L. MEND! Director National Bureau of Investigation ©ANNEX FLOW CHART OF RESCUE OPERATION Referring Party (concerned citizens, relatives, etc) / Abused Kasambahay Referrals/ Interventions Validation / Assessment of the Incident/ Planning (Pre Rescue Operation) Conduct of Rescue Operation (Actual Rescue by the Rescue Team) Post Rescue Operation [LSWDO/ DSWD/ TESDA/ PESO/ DOLE/ DSWD- Accredited NGO(s)] List of Acronyms. IRR_—- Implementing Rules and Regulations DILG —- _ Department of the Interior and Local Government DOLE - Department of Labor and Employment DSWD - _ Department of Social Welfare and Development LGU = Local Government Unit LSWDO - Local Social Welfare Development Officer NBI - National Bureau of Investigation NGO - Non-Government Organizations PEAs - _ Private Employment Agencies PESO - Public Employment Service Office PNP - Philippine National Police TESDA - Technical Education and Skills Development Authority WCPD - Women and Children Protection Desk