The People Empowerment Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session ) JUL 21 AIO:30 SENATE RECEIvil, S. No. 726 Introduced by Senator FRANCIS N. PANGILINAN AN ACT CREATING A SYSTEM OF PARTNERSHIP BETWEEN LOCAL GOVERNMENTS AND CIVIL SOCIETY ORGANIZATIONS THROUGH THE ESTABLISHMENT OF A PEOPLE'S COUNCIL IN EVERY LOCAL GOVERNMENT UNIT, PRESCRIBING ITS POWERS AND FUNCTIONS EXPLANATORY NOTE Republic Act No. 7160, otherwise known as the Local Government Code of 1991 (LGC), fully recognizes the vital role of people's organizations, non-government organizations, and the private sector in the arduous task of nation-building. It is the policy of the state "to conduct periodic consultations with appropriate local government units, nongovernmental and people's organizations, and other concerned sectors of the community before any project or program is implemented." Unfortunately, more than two decades after the passage of the LGC, the participation of people's organizations, non-government organizations, and the private sector in nation-building has yet to be institutionalized. Whether ordinary citizens or government officials, nation building is everyone's job. This Bill allows the citizenry to actively participate in government process, paving the way for the government to better serve the needs of its people.

In view of the foregoing, the passage of this bill is earnestly sought. FRANCE N PANGILINAN Sedator

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES ) First Regular Session JUL 21 A10:31 SENATE RECEI S. No._ 726 Introduced by Senator FRANCIS N. PANGILINAN AN ACT CREATING A SYSTEM OF PARTNERSHIP BETWEEN LOCAL GOVERNMENTS AND CIVIL SOCIETY ORGANIZATIONS THROUGH THE ESTABLISHMENT OF A PEOPLE'S COUNCIL IN EVERY LOCAL GOVERNMENT UNIT, PRESCIRIBING ITS POWERS AND FUNCTIONS Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. - This Act shall be known as the "The People

Empowerment Act."

Sec. 2. Declaration of Policy. - It is the policy of the State to ensure participation

of citizens in all avenues of local governance. Likewise, the State acknowledges the value of creating a mechanism where its citizen's views and opinions in different areas of governance may be heard and considered. Furthermore, pursuant to Article II, 7 Section 23 of the Constitution, the State recognizes the value of non-governmental, community-based, or sectoral organizations in nation building and creating an avenue to ensure their growth and development. The state also recognizes that partnerships with People's Organizations and Civil Society Organizations will spur development in local government units (LGUs) as envisioned by the Local Government Code of 1991.

Sec. 3. Definition of Terms. - For purposes of this Act:

(a) The term Civil Society Organization or CSO refers to any organized citizens' group including People's Organizations and Non-Government Organizations (NGOs) such as community groups, labor unions, indigenous groups, charitable organizations, faith-based organizations, professional associations, and foundations;

(b) The term Local Sanggunian refers to the applicable local legislative body, 2 specifically either the Sangguniang Panglungsod for cities or the Sangguniang Bayan 3 for municipalities; (c) The term People's Organization or PO refers to a bona fide cooperative or association of citizens organized for purposes not contrary to law with demonstrated 6 capacity to promote the public interest and with identifiable leadership, membership, 7 and structure with none of its officers and members occupying elective government positions.

Sec. 4. Registration of CSOs. - Any CSO in active operation for at least one year

10 may be registered in their respective city or municipality where they conduct their operations and where majority of their members reside. Registration will be approved 12 by the Local Sanggunian, upon submission or compliance of the following requirements: (a) Proof of existence and operation in the city or municipality they are applying in for at least one year prior to filing the application for registration; (b) Proof of activities held in pursuit of development objectives or of 17 organizational activities concluded; (c) Program of activities planned for one year following the date of application for registration; (d) Copies of its constitution, by-laws and/or articles of incorporation; (e) Lists of its officers and members in good standing and their respective addresses; (f) Financial statements and declaration to register and participate under this Act. A CSO whose application for registration has been approved shall be issued a certificate of registration containing, among others, the terms and conditions for the maintenance of its registered status. The Local Sanggunian, however, may from time to time, and in consultation with the Local People's Council, impose such other requirements and conditions for registration as it may deem appropriate to best adhere to the principles of this Act.

Any CSO already accredited by the LGU prior to the effectivity of this Act need 2 not register for purposes of this Act, unless its accreditation has in the meantime been withdrawn.

Sec. 5. Registration Deemed Inactive. - A registered CSO is required to submit,

5 by January 31 of every year, a list of accomplishments of the previous year and its 6 plans for the current year. Any CSO who fails to comply for two (2) consecutive years, 7 shall automatically have its registration deemed inactive. Any CSO whose registration has been deemed inactive may not avail of the rights and privileges of registered CSOs contained in Section 7 of this Act. A CSO may reactivate its registration upon submission of the documents it lacks.

Sec. 6. Committee on Registration of CSOs. - There shall be a Committee on

12 Registration of CSOs in each Local Sanggunian of all cities and municipalities. It is mandated to perform the following functions: (a) Receive and process applications for registration; (b) Monitor compliance with the conditions for registration; and (c) Initiate legislative measures for the effective performance of its tasks. The Local People's Council, once formally organized, shall be entitled to a two- seat representation in the Committee.

Sec. 7. Rights and Privileges of Registered CSOs. - Registered CSOs may enjoy

the following rights and privileges: Enter into joint ventures or other forms of undertaking with Local Sanggunian to engage in the delivery of certain basic services, capacity-building, and livelihood projects; (b) Develop local enterprises designed to improve productivity and income, diversity agriculture, spur rural industrialization, promote ecological balance, and enhance the economic and social well-being of the people within the framework of equitable and sustainable development; (c) Receive assistance from the Local Sanggunian for economic, socially- oriented, environmental, good governance, or cultural projects to be implemented within their territorial jurisdiction; (d) Join and become part of the Local People's Council.

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Sec. 8. Creation of Local People's Councils. - A Local People's Council, composed

2 of accredited CSOs, shall be created. For its purpose, the Committee on Registration 3 of each Local Sanggunian shall, not later than ninety (90) days from the effectivity of this Act, call for a convention of all accredited CSOs to facilitate the formal organization of the Local People's Council. Thereafter, such group shall file a petition for 6 recognition with the Local Sanggunian. A Local People's Council shall be formally created upon approval by the Local 8 Sanggunian of the petition for recognition.

Sec. 9. Structure and Rules of the Local People's Council. - Each Local People's

10 Council shall determine its own organizational structures and internal rules, but shall 11 at all times provide for adequate consultation mechanisms for purposes of obtaining the views and suggestions of all political parties or movements, government employees' organizations, other non-accredited but legitimate CSOs, and accredited CSOs which are not members of the Council; Provided, that no political part, government employees' organization or non-registered CSOs may be nominated by the Council for membership in the LGU's special bodies nor may they be granted the rights and privileges of accredited COs under this Act.

Sec. 10. Recognition of the Local People's Council by the Local Sanggunian. -

19 Only one Local People's Council shall be recognized by each Local Sanggunian. The Local Sanggunian is mandated to award recognition to a People's Council within thirty 21 (30) days from the filing of a petition for recognition.

Sec. 11. Withdrawing Recognition of the Local People's Council. - The Local

23 Sanggunian may withdraw the recognition granted to the Local People's Council only upon action of a petitioner and based on the following grounds: (a) That the Local People's Council allowed itself or any of its member organizations to engage primarily in, or to be used primarily for, partisan political activities; (b) Other grounds to be provided for in the Implementing Rules and 29 Regulations of this Act. The Local Sanggunian shall not have jurisdiction over internal and/or inter- 31 organizational conflicts within the Local People's Council.

Sec. 12. Powers and Responsibilities of the Local People's Council. - Upon

2 recognition, the Local People's Council may, in accordance with its policies and internal 3 rules, exercise the following powers and responsibilities: (a) Elect or appoint, from among its member organizations, its representatives to all LGU bodies, boards, councils, committees, task forces special government bodies and other similar work groups which the laws may hereinafter 7 create. Member organizations elected or appointed to represent the Local People's Council shall have the sole prerogative to choose, from among their bona fide members, the persons who shall sit in the boards, councils, committees, task forces and/or special bodies concerned. Unless otherwise provided herein, such representatives shall not exceed twenty-five (25) percent of the membership of the 12 board, council, committee, task force or special body; (b) Participation of the Local People's Council or any of its member organization in the conception, implementation and evaluation of government activities and functions shall be without compensation or remuneration. The LGU, however, shall provide for the necessary office spaces, facilities and/or equipment for 17 said participation of the Council; (c) Representatives of the Local People's Council may observe, vote and participate in the deliberation, conceptualization, implementation and evaluation of projects, activities and programs of the LGU, propose legislations and participate and vote at the committee level of the Local Sanggunian; (d) The Local People's Council shall also elect a representative for the provincial level.

Sec. 13. Creation of a Provincial People's Council. - A Provincial People's Council

shall be created and recognized by the Sangguniang Panlalawigan. The Provincial People's Council shall be composed of all representatives to the provincial level from the Local People's Councils within the province's jurisdiction. The Provincial People's Council shall elect, from within its ranks, a representative who will sit on the Sanggunian Panlalawigan and shall exercise the duties and powers of a Provincial Board member.

Sec. 14. Non-Partisan Nature of the Local and Provincial People's Council. - The

Local or Provincial People's Council shall not engage in, or allow itself or its member

• 1 organizations to be used for purposes of partisan politics and shall adopt such measures to ensure that it is adequately shielded from any political partisanship or influence. For purposes of this Act, partisan politics shall refer to any activity statement or manifestation which solely or primarily serves to campaign for or against any particular political party or any candidates for any elective public office.

Sec. 15. Amendment of the Composition of LGUs. - The existing composition of

the committees, boards, councils, task forces, special bodies of all LGUs are hereby amended and modified to accommodate the membership and participation therein of the Local People's Council or its representatives as herein mandated.

Sec. 16. Right to Self-Organization. - Pursuant to Article XIII, Section 15 of the

Constitution, CSOs are recognized as independent and autonomous self-help organizations. They are encouraged to organize into formal cooperatives, labor union, interest groups, non-government organizations, sectoral organizations and/or people's organization in furtherance of their constitutionally mandated role of enabling the people to pursue and protect, within the democratic framework, their legitimate and collective interests and aspirations through peaceful and lawful means. Furthermore, the Department of Local and Interior Governance (DILG) and LGUs are mandated to assist, and support efforts of the people towards self-organization to address their common concerns, to promote their common welfare, and/or to serve their localities or their communities and interests.

Sec. 17. Funding. - The funds needed for the capacity building of CSOs shall be

included in the annual budget of the DILG. The funds needed for the capacity building of CSOs shall be included in the annual budget of the DILG. The funds necessary for the maintenance and operational expenses of Local People's Council, in relation to participation in local governance, shall be included in the annual budgets of respective LGUS.

Sec. 18. Information Boards And Suggestion Boxes. - Information boards and

suggestion boxes shall be provided, maintained and controlled by the LGU in each barangay, at the public plazas, city hall compound, public markets, schools, 31 government offices, and at such public places accessible to the people, which boards

: 1 and boxes shall be other than those maintained by the barangays and the national 2 government, and shall be controlled solely by the LGU. LGUs are mandated to respond within fifteen (15) working days to the suggestions filed by citizens in suggestion boxes.

Sec. 19. Implementing Rules and Regulations. - Within one hundred twenty

6 (120) days from the effectivity of this Act, the DILG, LGUs, in consultation with CSOs that have experience working with LGUs, shall determine effective ways and methods for the implementation of this Act and craft the implementing rules and regulations of 9 this Act.

Sec. 20. Separability Clause. - If any provision of this Act is declared invalid or

unconstitutional, the other provisions not affected by such declaration shall remain in full force and effect.

Sec. 21. Repealing Clause. - All laws, executive orders, administrative orders,

and rules and regulations inconsistent with this Act are hereby repealed or amended accordingly.

Sec. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after its

complete publication in the Official Gazette or in two (2) newspapers of general circulation. Approved,