How People Participate in Governance in the Philippines

HOW PEOPLE PARTICIPATE IN GOVERNANCE in the Philippines

Talk by Nene Pimentel before concerned citizens at the AHI Office, Makati, on April 27, 2015

We are talking here of people who are not themselves

serving in government.

We are talking of people who are strictly speaking

outside government service

But, who are responsible for putting people in

public service or working with the latter without

holding public office.

BASIC CONSTITUTIONAL PRINCIPLE

Sovereignty resides in the people and all

government authority emanates from them.

PEOPLE PUT GOVERNMENT OFFICIALS IN

PUBLIC OFFICE: THROUGH

ELECTIONS National Elections

Regional Elections

Local Elections

Barangay Elections

(SK Elections)

ELECTED NATIONALLY

1. THE PRESIDENT

2. THE VICE PRESIDENT

3. 24 SENATORS

4. PARTY-LIST REPRESENTATIVES

ELECTED REGIONALLY

REGIONAL GOVERNORS, VICE

GOVERNORS, MEMBERS OF THE

LEGISLATIVE ASSEMBLIESOF THE

REGIONAL GOVERNMENTS

ELECTED LOCALLY

1. By Province: Members of the House, Governor, Vice

Governor, Members of the Sangguniang

Panlalawigan;

2. By City* or Municipality: Mayor, Vice Mayor,

Members of the Sangguniang Panlungsud or Bayan;

*Some Cities elect their own Representatives

3. By Barangay: Barangay Captain, Members of the

Sangguniang Barangay

ADDITIONAL ELECTED OFFICIALS FOR SP/SB

MEMBERS PROVINCES that have more than five legislative districts,

each district shall have two SP members, without prejudice

to the provisions of Section 2 of Republic Act No. 6637.

Sangguniang Barangay members shall be elected at large.

The Presidents of the league of sangguniang members of

component cities and municipalities shall serve as ex officio

members of the Sangguniang Panlalawigan, Sangguiang

Panlunsod, and Sangguiang Bayan (as amended by R.A.

8553).

[MORE ON SECTORAL REPRESENTATIVES]

HOW LOCAL OFFICIALS ARE ELECTED

(Section 41, LG Code)

(a) The governor, vice governor, city mayor, city vice mayor, municipal mayor,

municipal vice mayor, and punong barangay shall be elected at large in

their respective units by the qualified voters therein. [However, the

Sangguniang Kabataan chairman for each barangay shall be elected by the

registered voters of the katipunan ng kabataan, as provided in this Code.]

(b) The regular members of the Sangguniang Panlalawigan, Sangguniang

Panlunsod, and Sangguniang Bayan shall be elected by district as

follows:

1st & 2nd class provinces shall have ten regular members;

3rd & 4th class provinces, eight; and

5th & 6th (no more class) provinces, six.

- More on Election of LGU Officials -

PRINCIPAL LAW GOVERNING

LOCAL GOVERNMENT UNITS:

The Local Government Code

(R.A. 7160)

Enacted by Congress in

compliance with the mandate of

Article X of the Constitution.

Fixes the structures, the

powers, and the duties of, and

other matters relative to the

functioning of 4 local

government units (LGUs): (1)

the province; (2) the city; (3)

the municipality, and (4) the

barangay.

Regional Governments

The regional governmentsenvisioned by the Constitutionfor the ARRM and the CAR, arealso local governments in thesense, among other things, thatthey are not the nationalgovernment. But we will notdiscuss them here in detail.

[There are 17 administrativeregions of the country: 8 inLuzon; 3 in the Visayas, and 6 inMindanao which are AGENTS ofthe national government NOTLOCAL GOVERNMENT UNITS].

HOW PEOPLE OUT OF GOVERNMENT SERVICE

EXERCISE POLITICAL POWER WITH THOSE IN PUBLIC

OFFICE:

By joining People’s or Non-Government Organizations.

This is authorized by Sections 34 and 35 of the LG Code.

Under Sec. 34 - LGUs are mandated to “promote the

establishment and operation of people’s and NGOs to become

active partners in the pursuit of local autonomy.”

In Sec. 35 – LGUs are empowered to establish Linkages with

People’s Organizations and NGOs through: (a) joint ventures

and (b) other cooperative arrangements.

OBJECTIVESof POs and NGOs working with Government:

(1) delivery certain basic services;

(2) capability building and livelihood projects;

(3) develop local enterprises designed to improve productivity

and income;

(4) diversify agriculture;

(5) spur rural industrialization;

(6) promote ecological balance, and

(7) enhance the economic and social well-being of the people.

LGUs MAY ASSIST NGOs

Under Section 36. Assistance to People’s and Non-

Governmental Organizations.

LGUs are authorized - through their local chief executive

and with the concurrence of the sanggunian concerned –

to assist POs, and NGOs financially or otherwise in their

economic, socially oriented, environmental or cultural

projects within their territorial jurisdiction.

NGO.PO in PBACsSection 37. Local Prequalification, Bids and Awards Committee

(Local PBAC).

A local PBAC in every province, city and municipality is primarily

responsible for the conduct of prequalification of contractors,

bidding, evaluation of bids and the recommendation of awardsconcerning local infrastructure projects.CHAIRMAN of PBAC

The governor or the city or municipal mayor shall act as the chairman.

MEMBERS of PBAC

(1) The chairman of the appropriations committee of the sanggunian

concerned;

(2) A representative of the minority party in the sanggunian

concerned, if any, or if there be none, one (1) chosen by said

sanggunian from among its members;

(3) The local treasurer;MORE MEMBERS

(4) Two representatives of NGOs that are represented in the local

development council concerned, to be chosen by the organizations

themselves; and

(5) Any practicing CPA from the private sector, to be designated by

the local chapter of the PICPA, if any.

COA DUTY

COA Representatives shall observe the

proceedings of such committee and shall certify

that the rules and procedures for requalification,

bids and awards have been complied with.

OTHER EXAMPLES OF PUBLIC OFFICES WHERE

PRIVATE

INDIVIDUALS MAY BECOME MEMBERS:

I. LOCAL SCHOOL BOARDS

Sec. 98. Creation, Composition and Compensation.

Every province, city, or municipality shall have its school board.

THE COMPOSITION OF LOCAL SCHOOL BOARD OF THE PROVINCE:

The governor and the division superintendent of schools as co-chair;

MEMBERS OF PROVINCIAL SCHOOL BOARD

1. The Chairman of the Education Committee of the SP;

2. The provincial treasurer;

[3. The representative of the pederasyon ng mga Sangguniang Kabataan in the

Sangguniang Panlalawigan;]

4. The duly elected president of the provincial federation of PTAs;

5. The duly elected representative of the teachers’ organizations in the province,

and

6. The duly elected representative of the nonacademic personnel of public

schools in the province, as members.

CITY SCHOOL BOARD

COMPOSITION:

CO-CHAIR: City Mayor and City Superintendent of Schools.

MEMBERS:

1. The Chair of the education committee of the Sangguniang

Panlungsod;

2. The City Treasurer;

3. [The representative of the Pederasyon ng mga Sangguniang

Kabataan in the Sangguniang Panlungsod];

4. The duly elected president of the city federation of PTAs;

5. The duly elected representative of the teacher’s organizations

in the city; and

6. The duly elected representative of the nonacademic

personnel of public schools in the city, as members.

MUNICIPAL SCHOOL BOARD

COMPOSITION:

CO-CHAIR: Municipal Mayor and

the District Supervisor of Schools

MEMBERS:

1. Chair, Education Committee, SB;

2. Municipal Treasurer;

3. [Representative of SK in SB];

4. Duly Elected President of Municipal Federation of PTAs;

5. Duly elected President of Teachers’ Organization in the

municipality;

6. Duly elected representative of the non-academic

personnel of public schools in the municipality.

IN CASE

Province or City has two or more School Superintendents,

or Municipality has two or more District Supervisors:

1. The DECS shall designate the co-chair for the

Provincial or City School Board;

2. The Division Superintendent of Schools shall designate

the District Supervisor who shall serve as Co-Chair of the

Municipal School Board.

Local Health Boards.(Section 102, LGC Code)

Every province, city and municipality shall have their own

Local Health Boards.

Chair: The governor or the mayor concerned.

Vice Chair: The provincial, city or municipal health officer .

Members:

1. The chair of the Committee on Health of the Sanggunian

concerned;

2. A representative from the private sector or NGO

involved in health services; and

3. A representative of the DOH in the LGU concerned.

PO/NGO REPRESENTATIVE IN LOCAL HEALTH

BOARDS

The PO or NGO representative must come from a

PO or NGO engaged in the delivery of health

services. He is chosen by the NGOs or POs in health

services, not by the governor or the mayor.

The representative is expected to ensure that the

interests of the people in health matters are upheld

over narrow partisan considerations.

LOCAL DEVELOPMENT COUNCILS(Section 107, LG Code)

Every Barangay, Municipal, City and Province shall

have its own Local Development Council

Composition of Local Development Councils.

I. Barangay Development Council:

Chair: Punong Barangay

Members:

(1) Members of the Sangguniang Barangay;

(2) Representatives of Pos/NGOs operating in the

barangay, who shall constitute not less than 1/4 of the

members of the fully organized council;

(3) A representative of the congressman.

MUNICIPAL OR CITY LOCAL DEVELOPMENT

COUNCILI. The City or Municipal Development Council

Chair: The Mayor

Members:

(1) All punong barangays in the city or municipality;

(2) Chair of the Committee on Appropriations of the Sangguniang

Panlungsod or Sangguniang Bayan concerned;

(3) The congressman or his representative; and

(4) Representatives of NGOs in the city or municipality, who shall

constitute not less than 1/4 of the members of the fully organized

council.

Provincial Development Council

Chair: The Governor

Members:

(1) All mayors of component cities and

municipalities;

(2) The chairman of the committee on

appropriations of the Sangguniang Panlalawigan;

(3) The congressman or his representative; and

(4) Representatives of NGOs operating in the

province, who shall constitute not less than 1/4

of the members of the fully organized council.

Note: The LDCs may call upon any LGU official concerned or any

official of national agencies or offices in the LGU to assist in the

formulation of their respective development plans and public

investment programs.

NEW DUTY OF LDCs

PREPARE FOR DISASTERS, MAN-MADE OR NATURALUnder R.A. 101211

LOCAL GOVERNMENT DRRMCs

I. At the Regional Level –

Chair: Regional Directors of the OCDs

Vice Chairs: Regional Director of DSWD, DILG, DOST &

NEDA

[CHAIR IN ARMM: REGIONAL GOVERNOR

LGU DRRMCsEvery province, city and municipality shall have a DRRM Council

In Barangays, DRRMC functions are assumed by the BDC

LOCAL DRRM Council

Chair: Governor or Mayor,

Members: Heads of Local

1. Planning Development

Officer;

2. DRRMO;

3. 3. DSWD;

4. 4. Agriculture;

5. 5. Gender & Development

Office;

6. 6. Engineer’s Office;

7. 7. Veterinary Office;

8. Budget Officer;

9. Schools Superintendent;

10. highest officer of the AFP;

11. Provincial/City/Municipal

Police;

12. Director of Fire Bureau;

13. President of ABC;

14. Red Cross representative;

15. 4 CSO members; and,

16. private sector

representative.

FUNCTIONS OF LDRRMOs:

1. Plan, coordinate, manage activities consistent with

National Council’s standards.

2. Organize, train coordinate activities;

3. Operate multi-hazard early warning system;

4. 4. conduct disaster monitoring, etc.

5. Identify hazards in their localities;

6. prepare suitable evacuation areas etc.

LDRRM OFFICE

In every province, city, municipality and barangay, the

LDRRM OFFICE is under the office of the Local Chief

Executive

[Governor, Mayor or Punong Barangay]

BARANGAY ASSEMBLY

(Sec. 397,LG code) –

Composition:

ALL PERSONS WHO ARE:

(1) Actual residents of the barangay for not less than 6

months;

(2) 15 years of age or over;

(3) Citizens of our country; and

(4) Duly registered in the list of barangay assembly

members.

MEETINGS under Sec. 397 (b) –

(1) WHEN: AT LEAST, TWICE A YEAR.

(2) AGENDA: to discuss semestral report of the Sangguniang

Barangay regarding its activities, finances, and problems of the

Barangay.

(3) WHO CALLS THE MEETINGS:

(a) The Punong Barangay, or (b) at least, four members of the

Sangguniang Barangay, or

(b) Upon written petition of, at least, 5 percent of the members

of the Assembly.

BARANGAY ASSEMBLY

NOTICE OF ASSEMBLY MEETING IS REQUIRED:

No barangay assembly meeting shall take place unless

(a) WRITTEN

NOTICE is given ONE WEEK PRIOR TO THE MEETING.

EXCEPTION: Agenda deal with public safety or security.

Then, notice within a reasonable time is allowed.

WHO PRESIDES? Punong Barangay unless absent.

Then, SANGGUNIANG BARANGAY MEMBER

who is acting as PB or ANY MEMBER OF B.A. WHO IS

ELECTED DURING THE ASSEMBLY.

THE BARANGAY SECRETARY SHALL ACT AS

SECRETARY OF THE ASSEMBLY

BARANGAY ASSEMBLY CHAIR

BARANGAY ASSEMBLY POWERS

1. Recommend measures for the welfare of the

Barangay or of their City or Municipality

2. Initiate proposals to enact or amend any

ordinance of the LGU concerned;

3. Hear and act on Semestral Report of

Sangguniang Barangay.

NATIONAL PEACE AND ORDER

COUNCILCOMPOSITION: SAME AS NATIONAL SECURITY

COUNCIL.Chair: S-DILG

Members: 1. Director General of the NSC;

2. Executive Secretary;

3. DFA Secretary;

4. DOJ Secretary;

5. Press Secretary;

6. Chair, Dangerous Drugs Board;

7. Presidential Adviser on Peace Process;

8. Director-General, Presidential Management Staff;

9. Director-General, PIA;

10. Chair, Presidential Anti-Graft Commission;

11. C-Staff, AFP;

12. Chief, PNP;

13. Director, NBI, and three representatives from the private sector

appointed by the President.

LAW AND ORDER COUNCIL

Every province, city or municipality is required to have its own LOCAL

PEACE AND ORDER COUNCIL

(Sec. 116, LG Code)

THE NAME SHOULD BE LAW AND ORDER COUNCIL.

COMPOSITION: LAW & ORDER COUNCIL

PROVINCE:

Chair: Governor

Members:

1. SP representative chosen

by it;

2. DSWD Officer;

3. Information Officer;

4. Health Officer;

5. PNP Director;

6. CHR Officer;

7. Army Commanding

General;

8. NBI officer;

9. National Security Council Officer;

10. Provincial Prosecutor’s Office;

11. DILG officer;

12. Dangerous Drugs Board officer;

13. three representatives of

POs/NGOs coming from academic,

civic and religious sectors appointed

by the governor.

REGIONAL LAW AND ORDER COUNCIL

(Executive Order No. 739 of President Gloria Macapagal

Arroyo, August 19, 2008

Chair: Appointed by S-DILG and approved by the President

Members:

1. Governors, Mayors of Highly Urbanized Cities, Presidents

of the League of Municipalities;

2. Regional counterparts of the members of the national law

and order council;

3. One representative from Mayors of Component Cities

chosen by them; and

4. Three representatives from the private sector appointed

by the Chair of the Regional Peace and Order Council with

the approval of the S-DILG.

COMPOSITION:

CITY OR MUNICIPAL LAW AND ORDER COUNCIL

Chair: Mayor

Members: Officer Counterparts of the Provincial

Law and Order Council Members

FUNCTIONS/DUTIES OF PEACE/ORDER COUNCILS

1. Formulate Strategies to respond to law and order

problems;

2. Coordinate law and order plans;

3. Be a forum for dialogue on problems of law and order;

4. Perform such other duties as President may direct;

5. Monitor livelihood and infrastructure programs and

projects.

Note: CVOs shall be supervised by PNP Directors

concerned

PRESIDENT/

CONGRESS/

PRESIDENT

BDC

Mun./City

Dev’t

Council

Regional

Dev’t

Council

Provincial

Dev’t

Council

Development

Funds

Regional ProvincialCity/Municip

al

Barangay

Simply put, the Slide’s message is that what smaller units of government cando, should be left to them to do. And that every inch of the way, publicparticipation, discussion and debate is the name of the game.

By the way, getting the private sector involved in the planning, awarding, andexecution of government contracts should help reduce occasions for publicofficials to succumb to corruption.

Here's a Slide thatshows howgovernment projectsand programs aresupposed to beconceptualized andbrought to fruition.

The Slide illustrates how the Principle of Subsidiarity works.

PRINCIPLE OF

SUBSIDIARITY

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FUNDS GOING TO LGUs RUN INTO BILLIONS OF PESOS

IPs’ sectoral reps in the SBs.

Who are the IPs?

Simply put, these are tribal Filipinos who have mainly retained their cultural traditions thatdistinguish them from Christian and Muslim Filipinos.

The more precise description of “Indigenous Peoples” is found in the IndigenousPeople’s Rights Act (Republic Act No. 8371):

“Indigenous Cultural Communities/Indigenous Peoples refer to a group ofpeople or homogenous societies identified by self-ascription and ascription by others, whohave continuously lived as organized community on communally bounded and definedterritory, and who have, under claims of ownership since time immemorial occupied,possessed, and utilized such territories, sharing common bonds of language, customs,traditions, and other distinctive cultural traits, or who have, through resistance to political,social and cultural inroads of colonization, non-indigenous religions and cultures, becamehistorically differentiated from the majority of Filipinos.

ADDITIONAL DESCRIPTION OF IPs:“ICCs/IPs shall likewise include peoples who are regarded asindigenous on account of their descent from the populations whichinhabited the country, at the time of conquest or colonization, or at thetime of inroads of non-indigenous religions or cultures, or theestablishment of present state boundaries, who retain some or all oftheir own social, economic, cultural and political institutions, but whomay have been displaced from their traditional domains or who mayhave resettled outside their ancestral domains.”.”

A fast research indicates thatthe IPs in Northern Luzonmainly consist of the "variousIgorot tribes, a group thatincludes the Bontoc, Ibaloi,Ifugao, Isneg, Kalinga,Kankana-ey and Tinguians.”the Gaddangs of the borderbetween Kalinga-Apayao, andIsabela provinces and theIlongots of Nueva VizcayaProvince and CaraballoMountains.

IPs in the Visayas and Mindanao

In Western Visayas, the Mangyans of Mindoro.

In Mindanao, they are collectively called, Lumad, but there are really several tribal groups that are identified as:

1. Manobos in Bukidnon Province;

2. Bagobos, Mandayas, and Mansakas in the mountains bordering the Davao Gulf;

3. Subanons of upland areas in the Zamboanga;

4. Mamanuas in the Agusan-Surigao border region;

5. Bila-an, Tiruray and Tboli in the Cotabatoprovinces; and

6. Samals and Bajaus in the Sulu archipelago.

IP sector reps good for ICCs and the Nation

Obviously, It is the Indigenous Peoples who would benefit directly,

and the nation too, if their sectoral representatives are seated in the

Municipal Councils of the places where they predominate - as

suggested by the topic under discussion.

Unfortunately, up to this very date, the sectoral representatives have

yet to be elected.

There were strong objections to seating them in the Sangguniang

Bayan (as well as in other LGU law-making bodies).

The reason, I suggest, is turf. The regular members of the

Sanggunian Bayan do not want to dilute their powers and perks with

the sectoral representatives. Which is a pity.

DELAY PREJUDICES IP RIGHTS

Had the sectoral representatives of the cultural, tribal groups of

IPs been activated, they would have already began earnestly

to promote their just causes and aspirations, especially in the

protection of their Ancestral Domain, their tribal lands, and

other interests since 1990 when the Local Government Code

was approved.

As it is, the tribal rights of the IPs in the area of local

governance have only been ambiguously recognized, and

therefore, to that extent the IPs have been unnecessarily

prejudiced.

GOVERNMENT ACTS TO ACTIVATESECTORAL REPRESENTATION IN LGUs

The government passed certain acts that were intended to activate thesectoral representatives in the local legislative councils:

I. On November 14, 1975,President Ferdinand Marcosissued Presidential Decree No.826 that authorized him or byhis duly representative toappoint as many sectoralrepresentatives as there aremembers of the Sangguniangxxx Bayan.

Presidential Decree No.

826

MORE EXAMPLES:

II. On December 22, 1979, Batas Pambansa Blg.51, Sec. 4, provided for the sectoralrepresentatives in ... the municipalities

Batas Pambansa

Blg. 51

to be appointed by the President (Prime Minister)

"whenever, as determined by the SB, the said sectors are of sufficientnumber in the municipality to warrant representation afterconsultation with associations and persons belonging to the sectorconcerned. "

III. February 10, 1983,

Batas Pambansa Blg.337 enacted the LocalGovernment Code of 1983that ordained that:

Unless otherwise provided by law, the present mannerof election/appointment of representatives of theagricultural and industrial labor sectors to thesangguniang panlungsod or sangguniang bayan, as thecase may be, shall be maintained."

Batas Pambansa

Blg. 337

IV. In 1987, the Philippine

Constitution in its Article X ordained

that:

"Legislative bodies of local governments

shall have sectoral representation as

may be prescribed by law."

That law, however, still has to be

enacted.V. On August 24, 1990, the Supreme Court en banc

ruled on the meaning of that constitutional mandate in

the case of Supangan, Jr. v. Santos (G.R. No. 84663):

The phrase "as may be prescribed by law" does not and

cannot, by its very wording, restrict itself to theuncertainty of future legislation.

VI. One year later, on October 10, 1991,

Republic Act No. 7160, the Local

Government Code of 1991, was passed.

The Code fixed in Section 41 the manner of

election of the:

The governor, vice-governor xxx municipal

mayor, municipal vice-mayor, and punong

barangay.They shall be elected at large in their respective units by the

qualified voters therein. xxx

The regular members of the sangguniang panlalawigan, xxx and

sangguniang bayan shall be elected by district, as may be provided

for by law. Sangguniang barangay members shall be elected at

large. The presidents of the leagues of sanggunian members of xxx

municipalities shall serve as ex officio members of the sangguniang

panlalawigan concerned.

Incidentally, the LGC brought billions of pesos into LGU coffers.

EX-OFFICIO MEMBERS IN SP/SB

The presidents of the "liga ng mga barangay xxx elected by their respective

chapters, as provided in this Code, shall serve as ex officio members of the

sangguniang panlalawigan, xxx and sangguniang bayan.

In addition to the regular members, there shall be one sectoral

representative from the women, one from the workers, and one

from any of the following sectors: the urban poor (OR) indigenous

cultural communities (or) disabled persons, or any other sector as

may be determined by the sanggunian concerned within ninety (90)

days prior to the holding of the next local elections as may be

provided for by law.

COMELEC was mandated by law to promulgate the rules and

regulations that would govern the election of sectoral

representatives.

COMPOSITION OF SANGGUNIANG BAYAN:

Sec. 446. Composition. – (a) The sangguniang bayan, the legislative

body of the municipality, shall be composed of the municipal vice mayor

as the presiding officer, the regular sanggunian members, the president

of the municipal chapter of the liga ng mga barangay, xxx and the

sectoral representatives as members.

The sectoral representatives designated by the Code follow:

(a) one from the women;

(b) one from the agricultural or industrial workers, and

(c) one from other sectors, including the urban poor, (or) indigenous

cultural communities, or disabled persons and as … determined by the

sanggunian concerned within ninety (90) days prior to the holding of

local elections.

The regular members of the sangguniang bayan and the sectoral

representatives shall be elected in the manner as may be provided for

by law."

VII. On November 26, 1991, the Synchronized Elections Law (R.A.

7166) was enacted into law.

It’s Section 3 set the manner of electing the members of the

Sangguniang Panlalawigan and the Sangguniang Bayan:

“For purposes of the regular elections on May 11, 1992, elective

members of the Sangguniang Panlungsod and Sangguniang Bayan

shall be elected at large in accordance with existing laws. However,

beginning with the regular elections in 1995, they shall be elected by

district.

COMELEC “shall promulgate rules and regulations to effectively

provide for the election of sectoral representatives in the

implementation of the Local Government Code."

COMELEC FLIP-FLOPSVIII. On October 27, 1992, the COMELEC issued Resolutions No. 2515 and

Resolution No. 2517 that laid down the rules and the dates for the elections of

the city and municipal sectoral representatives for March 26, 1993, and for the

provincial sectoral representatives for April 16, 1993.

IX. On March 11, 1993, the COMELEC issued Resolution No. 2575 that

suspended the elections of local sectoral representatives.

The act of the COMELEC suspending the elections of the sectoral

representatives could have been triggered by the opposition of the League of

Municipalities through a formal resolution (No. 6) dated August 27, 1992.

Having sectoral representatives would only worsen the financial burdens of the

municipalities, the LMP averred.

Four months later, the Philippine Councilors' League followed the example of

the LMP by manifesting its opposition to the move on December 1, 1992.

The sectoral groups, however, did not take things sitting down.

MANDAMUS IN SUPREME COURT

On July 7, 1993, eight sectoral organizations filed a mandamus case with the

Supreme Court. They sought to compel the Comelec to set the date for the

elections of sectoral representatives.

They argued that contrary to the position of those opposing the seating of the

sectoral representatives, adequate legal bases existed for calling of the

elections of sectoral representatives.

They cited the Local Government Code of 1991 and the Synchronized

Elections Law of 1991.

Moreover, the petitioners argued that unless they are represented in the in

local legislative bodies as ordained in Article X of the Constitution, they are

being deprived of a fundamental right.

The case was, however, dismissed by the Supreme Court on

the ground that there was “no justiciable controversy.”

COMELEC TRIES TO RECTIFY FAILURES

XII. On January 17, 1995, the Comelec tried to rectify its failures

to call for the elections of the sectoral representatives by issuing

Resolution No. 2753.

This time, the election body fixed the rules and regulations

governing the elections of sectoral representatives to be

synchronized with the national-local elections of May 8, 1995.

The good intentions of the Comelec, however, were again

frustrated because of the enactment of Republic Act No. 7887.

The law caused the Resolution

to be withdrawn as is explained

more in detail hereunder.

LAW TRIES TO CLEAR UP PROBLEM

XII. On February 20, 1995, Republic Act No. 7887 was

passed.

It amended Section 3 of Republic Act No. 7166 in this

manner:

"The Commission shall promulgate rules and regulations to

effectively implement the provisions of law which may

hereafter be enacted providing for the election of sectoral

representatives."

The law made clear that the Comelec could only draw up

the guidelines for the election of the sectoral

representatives in the LGUs when the appropriate law

would be enacted.

FAULTY PREMISE

Republic Act No. 7887 - that has been

cited as authorizing the election of

sectoral representatives - reveals the

faulty premise of its supposed mandate.

The law states that "the Commission shall promulgate rules and

regulations to effectively implement the provisions of law which

may hereafter be enacted providing for the election of sectoral

representatives.

It appears, therefore, that the so-called authority in Republic Act

No. 7887 to call for the election of sectoral representatives is

made subject to the future legislation.

Republic

Act No.

7887

NAGA EXAMPLE

On December 20, 1995, Jesse Robredo, the dynamic mayor of

Naga City, approved an ordinance (No. 1995-092) that provided

that:

There shall be one (1) representative in the Sangguniang

Panlungsod from each of the

(1)non-agricultural labor,

(2) women and

(3) urban poor sectors of the city

who shall be elected from among the members of the accredited

NGOs and POs in each sector.”

The effectivity of the Ordinance in its Section 17, however, was

made dependent when xxx the relevant provisions on sectoral

representation of Republic Act No. 7160, otherwise known as the

Local Government Code of 1991, are actually implemented on a

national scale.

WHAT’S MISSING HERE?

What, then, is needed to be done to seat the sectoral

representatives in the concerned LGU legislative body?

First, a law that would clearly enable the sectors mentioned in the

Local Government to be represented in the legislative bodies of the

LGUs where appropriate, meaning wherever they have sufficient

numbers to justify their being so represented.

2. In the meantime, we probably have to rely mainly on the

Indigenous People’s Rights Act.

NUMEROUS IPRA RIGHTS

Under this Act, several IP rights are recognized.

Specifically, in Section 16 of IPRA, the following is provided:

“Right to Participate in Decision

Making. ICCs/IPs have the right to

participate fully, if they so choose, at all

levels of decision making in matters

which may affect their rights, lives and

destinies through procedures

determined by them as well as to

maintain and develop their own

indigenous political structures.

Consequently, the State shall ensure

that the ICCs/IPs shall be given

mandatory

representation in policy making

bodies and other local legislative

councils.”

MANDATORY REPRESENTATION

In Section 6 of the IRR of IPRA, the following is stated:

“Mandatory Representation in Policy Making Bodies. The ICCs/IPs

shall be provided mandatory representation in all policy making

bodies and in local legislative councils.

ICC/IP representation shall be proportionate to their population, and

shall have the same privileges as the regular members of the

legislative bodies and/or policy making bodies.

Other Provisions Applicable to Local Government

Units

CHAPTER II

Local Initiative and Referendum

SECTION 120. Local Initiative Defined. – Local initiative is

the legal process where the registered voters of a local

government unit may directly propose, enact, or amend

any ordinance.

LOCAL INITIATIVE AND REFERENDUM

COMMENT:

As early as 1911, the power of initiative was already a popular device in

many cities and states of the United States.

In our country, it was only in 1986, during the deliberations of the

Constitutional Commission, that the power of initiative was put into the

1987 Constitution.

The 1987 Constitution provides in

Section 32, Article VI that “(t)he

Congress shall, as early as possible,

provide for a system of initiative

and referendum, and the exceptions

therefrom, whereby the people can

directly propose and enact laws or

approve or reject any act or law or part

thereof passed by the Congress or local

legislative body.…”

INITIATIVE & REFERENDUM

In Section 3, Article X of the

Constitution such powers are

included and they are to be exercised

by the people. This section of the

Constitution mandates, among other

things, that the LG Code which

Congress shall enact shall “provide

for a more responsive and

accountable local government

structure instituted through a system

of decentralization with effective

mechanisms for … initiative and

referendum ….”

Additional Comments:

Section 120 of the LG Code fleshes out the

Constitutional mandate on INITIATIVE and

REFERENDUM :

> Empowers Voters to Legislate. The registered voters in an LGU

may propose, enact, amend and even repeal ordinances under

certain circumstances. It recognizes the people’s power to make local

laws or ordinances even if they are not duly elected members of the

local legislative councils or sanggunians.

Direct Initiative. The initiative discussed here is the direct

initiative (as distinguished from indirect initiative) where the voters

start the legislative process for the enactment, amendment or

repeal of an ordinance or resolution in the absence of positive

action of the Sanggunian.

An indirect initiative as defined by R.A. 6735 is a proposal that is

referred to the legislature (legislative body) for action by a required

number of registered voters.

STRENGTHENING DEMOCRACY

Initiative Strengthens Democracy. A direct initiative

advances measures that are directly proposed,

discussed and voted upon by the voters. Hence, it is a

good means of arousing civic consciousness and

training in popular, direct and democratic action. It is

also a good device to check Sanggunian indifference or

apathy towards measures which the people may wish

enacted for the advancement of their welfare.

SUBJECT MATTERS OF INITIATIVES

All sorts of measures may be the subject of direct

initiative for as long as these are within the competence

of the Sanggunian to enact. In California, for example,

direct initiatives were proposed to enact a fishing

control bill, to regulate the practice of chiropractors, to

levy a special tax to secure a new library, to grant a

franchise to a railroad company, and to prevent

discrimination in the sale of housing and similar bills.

Resolutions Proper Subjects of Initiative. Although

this section speaks only of “ordinance,” the initiative

may be continued in a resolution.

WHO MAY EXERCISE POWER

OF INITIATIVE OR REFERENDUM?

Section 121 of the LG Code empowers all

registered voters of the provinces, cities

municipalities and barangays to propose measures

through initiative or referendum.

PROCEDURE IN LOCAL INITIATIVE – Sec. 122,

LGCode:

[The Comelec or its designated representative shall extend

assistance in the formulation of the initiative proposition]:

(a) Not less than 1,000 registered voters in case of provinces

and cities; 100 in case of municipalities, and 50 in case of

barangays, may file a petition with the Sanggunian

concerned proposing the adoption, enactment, repeal, or

amendment of an ordinance.

(b) If no favorable action thereon is taken by the sanggunian

concerned within 30 days from its presentation, the proponents,

through their duly authorized and registered representatives,

may invoke their power of initiative, giving notice thereof to the

Sanggunian concerned.

(c) The proposition shall be numbered serially starting from

Roman numeral I.

MORE REQUIREMENTS FOR INITIATIVE:

(e) Proponents shall have 90 days in case of provinces and cities; 60 days in case

of municipalities, and 30 days in case of barangays, from notice mentioned in

subsection (b) hereof to collect the required number of signatures.

(f) The petition shall be signed before the election registrar, or his designated

representatives, in the presence of a representative of the proponent and a

representative of the Sanggunian concerned in a public place in the LGU, as the

case may be. Stations for collecting signatures may be established in as many

places as may be warranted.

(g) Upon the lapse of the period herein provided, the Comelec, through its office in

the LGU concerned, shall certify as to whether or not the required number of

signatures has been obtained. Failure to obtain the required number defeats the

proposition.

(h) If the required number of signatures is obtained, the Comelec shall then set a

date for the initiative during which the proposition shall be submitted to the

registered voters in the LGU concerned for their approval within 60 days from the

date of certification by the Comelec, as provided in subsection (g) hereof, in case

of provinces and cities; 45 days in case of municipalities, and 30 days in case of

barangays.

The initiative shall then be held on the date set, after which the results thereof

Section 123, LG Code: Effectivity of Local Propositions.

If approved by a majority of the votes cast, it shall take effect 15 days after

certification by the Comelec as if affirmative action thereon had been made by

the Sanggunian and local chief executive concerned.

If it fails to obtain said number of votes, the proposition

is considered defeated.

Section 124, LG Code: Limitations on Local Initiatives.

(a) The power of local initiative shall not be exercised

more than

once a year.

(b) Initiative shall extend only to subjects or matters which are within the legal

powers of the Sanggunians to enact.

(c) If at any time before the initiative is held, the Sanggunian concerned adopts

in toto the proposition presented and the local chief executive approves the

same, the initiative shall be cancelled.

However, those against such action may, if they so desire, apply for initiative in the manner herein provided.

Section 125, LG Code: Limitations upon

Sanggunians.

Any proposition or ordinance approved through

initiative and referendum shall not be repealed,

modified or amended by the Sanggunian

concerned within 6 months from the date of the

approval thereof, and may be amended, modified

or repealed by the Sanggunian within 3 years

thereafter by a vote of 3/4 of all its members:

Provided, That in case of barangays, the period

shall be 18 months after the approval thereof.Section 126, LG Code: Local Referendum Defined. Local referendum is

the legal process whereby the registered voters of LGUs may approve,

amend or reject any ordinance enacted by their Sanggunian.

The local referendum shall be held under the control and direction of the

Comelec within 60 days in case of provinces and cities; 45 days in case

of municipalities, and 30 days in case of barangays.

The Comelec shall certify and proclaim the results of the said

referendum.

REFERENDUM UNDER R.A. 6735

DEFINED:

THE POWER OF THE ELECTORATE TO APPROVE OR

REJECT A LEGISLATION THROUGH AN ELECTION

CALLED FOR THAT PURPOSE.

IT MAY BE OF TWO CLASSES:

1. REFERENDUM ON STATUTES PASSED BY

CONGRESS, AND

2. REFERENDUM ON LOCAL ORDINANCES OR

RESOLUTIONS ENACTED BY REGIONAL OR

LOCAL LEGISLATIVE BODIES

LOCAL LEGISLATVE BODIES

MAY SUBMIT THEIR ORDINANCES

OR RESOLUTIONS TO REFERENDUM

UNDER COMELEC SUPERVISION:

I. WITHIN 60 DAYS FROM APPROVAL OF

PROVINCES AND CITIES;

II. WITHIN 45 DAYS FROM APPROVAL OF

MUNICIPALITIES; AND

III. WITHIN 30 DAYS FROM APPROVAL OF

BARANGAYS

RECALL ELECTIONS

BY WHOM EXERCISED:

By the Registered Voters of an LGU to which the local

elective official subject of the Recall belongs.

WHO ARE SUBJECT TO RECALL

[NOTE: R.A. 9244 eliminates the Preparatory Recall Assembly]

ANY ELECTIVE LGU OFFICIAL

PROCESS OF RECALL

1. Initiated by any registered voter in the LGU

concerned.

2. Supported by registered voters concerned in the

following percentages:

(a) At least, 25% of voting population of not more than

20,000.FORMAL REQUIREMENTS FOR RECALL PETITIONS

1. WRITTEN PETITION

2. SIGNED BY REPRESENTATIVES OF THE

PETITIONERS BEFORE THE ELECTION

REGISTRAR OR HIS REPRESENTATIVE IN THE

COMELEC OFFICE IN THE LGU CONCERNED

CONTENTS OF RECALL PETITION

1. Names and Addresses of Petitioners written

and signed in legible manner;

2. The LGU to which they belong;

3. The name of the official sought to be

recalled; and

4. A brief recitation of the reasons for the

recall.

COMELEC DUTIES IN RECALL PETITIONS

1. Within 15 days from filing of Petition, certify to the sufficiency of the

number of signatures of Petitioners.

2. Within 3 days from issuance of certification,

(a) provide official concerned with copy of petition;

(b) Cause publication of the petition in national newspaper of

general circulation, and a newspaper of general circulation in the locality

concerned once a week for three consecutive weeks, at the expense of the

petitioners, and

(c) post copies of the petition in conspicuous amd public places in the

locality concerned for a period of not less 10 days or more than 20 days.

UPON ISSUANCE OF THE CERTIFICATION:

3. Verify and authenticate the signatures of the petitioners;

4. Notify the representatives of the petitioners and the official sought to be

recalled. They shall have the right to participate in the verification of the

signatures.

CHALLENGES contesting the authenticity of the signatures shall be decided

within 15 days from the challenges.

WHEN RECALL ELECTIONS SET

After the lapse of 15 days when the challenges contesting the

authenticity of the signatures (and the required number of petitioners)

shall have been disposed of, the Comelec or its duly authorized

representative shall announce that candidates for the position,

including the official sought to be recalled, are now being accepted.

The Recall Elections of the barangay, municipal or city official

concerned shall be held by order of the Comelec or its duly authorized

representative within 30 days after the procedure described above

shall have been done.

The Recall Elections of the provincial official concerned shall be held

within 45 days after the procedure stated earlier shall have been

done.

PEOPLE OUT OF GOVERNEMNT ALSO PARTAKE

OF LEGISLATIVE POWER WHEN THEY VOTE IN

PLEBISCITES

Briefly, plebiscite is the electoral process by

which a proposal to amend or revise the

Constitution is submitted to the people for their

approval or rejection.

THANK YOU