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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 8332

Introduced by
BAYAN MUNA Representatives EUFEMIA C. CULLAMAT,
CARLOS ISAGANI T. ZARATE and FERDINAND R. GAITE

AN ACT
PROVIDING FOR THE ELECTION OF SECTORAL REPRESENTATIVES
TO THE LEGISLATIVE BODIES OF LOCAL GOVERNMENT UNITS

EXPLANATORY NOTE

‘The 1987 Constitution under the Declaration of Principles and State Policies, Social Justice Clause
and Local Government Clause considers the important role of the marginalized sectors in nation-
building. ‘This is precisely the reason why it expressly mandated that marginalized sectors should
have a representative not only in Congress but also to the local legislative bodies of local
government units to ensure their participation in crafting policies that involve the general and
collective interests of the Filipino people.

‘This mandate was institutionalized in the enactment of Republic Act No. 7941, ot the Party-List
System Law and Republic Act 7160, or the Local Government Code. Unfortunately, only the
Party-List System was implemented. The provisions of the local government code providing for
sectoral representatives in local legislative bodies remained unrealized owing to the lack of an
enabling law for its enforcement.

To realize this over three decades long constitutional mandate, this proposed legislation is hereby
offered to bring into fruition the Constitution’s vision of balanced, democratic and well
represented local legislative bodies. Through this proposed legislation, sectoral representatives of
workers or peasants, as the case may be, women, urban poor, indigenous people, persons with
disabilities, and all other sectoral organizations which shall be identified in the future will now be
able to participate in the local elections and if elected, be able to participate in formulating
programs and policies that affect not only their interests but also the interests of the entire Filipino
nation.

This bill was principally authored and first filed in the 15" Congress by BAYAN MUNA Rep.
‘Neri Colmenares and was pending in the Committee of Suffrage and Electoral Reforms. It was
refiled by BAYAN MUNA Reps. Neri Colmenares and Carlos Isagani Zarate, Gabriela Women’s
Party Reps. Luzviminda Iagan and Emmi De Jesus, ACT Teachers Partylist Rep. Antonio Tinio,
‘Anakpawis Partylist Rep. Fernando Hicap, and Kabataan Partylist Rep. Terry Ridon in the 16"
Congress. The bill was then pending on the Committee on Rules. It was then refiled by BAYAN
MUNA Rep. Carlos Isagani Zarate in the 17" Congress, and was pending in the Committee of
Suffrage and Electoral Reforms.


Immediate approval of this proposed legislation is earnestly sought.

Approved,

REP. EUFEMIA C. CULLAMAT
Bayan Muna Partylist

uleebat ae) FERDINAND R. GAITE

Bayan Muna aay Bayan Muna Partylist


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No®. 332

Introduced by
BAYAN MUNA Representatives CARLOS ISAGANI T. ZARATE,
FERDINAND R. GAITE and EUFEMIA C. CULLAMAT

AN ACT
PROVIDING FOR THE ELECTION OF SECTORAL REPRESENTATIVES TO
THE LEGISLATIVE BODIES OF LOCAL GOVERNMENT UNITS

Section 1. Title. — This Act shall be known as the “Local Sectoral Representation Act.”

Section 2. Declaration of Policy. — It is the declared policy of the State to provide for sectoral
representations to the local legislative bodies of local government units belonging to workers or
peasants, as the case may be, women, and one from any of the following sectors: urban poor,
indigenous cultural communities, persons with disabilities, or any other sector which may be
determined by the sanggunian concerned. ‘This policy is embodied in Article X, Section 9 of the
1987 Constitution and Section 41, paragraph C of Republic Act 7160 or the Local Government
Code.

Section 3. Election of Local Sectoral Representatives. — They shall be elected local sectoral
representatives of workers, women and any one from the urban poor, indigenous people,
disabled persons, or any other sector which the sanggvnian concerned may determine within
ninety (90) days prior to the conduction of the local elections.

Section 4. Definition of Terms. ~ For purposes of this Act, the terms hereunto used shall
mean:

a. Registration and Accreditation — is the process of registering the sectoral
organization for purposes of participating in the local sectoral representation
elections. ‘The registration and accreditation shall be filed in the local elections
registrar of the province, city or municipality where the sectoral organization wishes
to be elected as local sectoral representative.

b. Sectoral organization — means the local people’s organization which is secking
lection as sectoral representative to the sanggunian of the local government unit
concerned. The organization must be duly accredited by the local government unit
where itis located and operating.


c. Nomination — is the process of identifying and selecting who will represent the
sectoral organization to the local sanggumian concerned.

d. Nominees — are those persons selected by their sectoral organization to represent the
latter to the local sanggunian concerned in case they win in the local sectoral
representation elections.

ce. Vacancy — means the vacant office, whether previously occupied or not, which the
sectoral representative or his successor fills-up after the sectoral representative has
been disqualified or disaffiliated.

£. Sectoral Representatives — are those, after being proclaimed, qualified, and sworn,
who represent the sectoral organizations.

g, Disaffiliation — is the process of removing or expelling the sectoral representative
from the sectoral organization, with just cause, in accordance with the latter's
constitution and by-laws.

Section 5. Registration. — ‘The registration of local sectoral organizations, for purposes of the
local sectoral representation elections, shall be held not later that one hundred eighty (180) days
prior to the holding of the local regular elections. ‘Thereafter, no application for registration shall
be entertained.

Section 6. Who may apply for registration? — Any sectoral organization belonging to workers,
peasants, women, urban poor, indigenous people, persons with disabilities, and any other
sectoral or people’s organization shall manifest their willingness to participate in the local
sectoral representation elections and cause the registration of their sectoral organization by
submitting a letter indicating their intent to participate in any local election registrar of the
Commission on Elections which has jurisdiction over the local government unit where they wish
to be elected.

In registering their sectoral or people’s organization, the organization must submit a petition for
registration, a list of members with their complete addresses, the organization’s constitution and
by-laws, certificate of registration issued by concerned government agencies, and general
program of action. Provided, that all members named in the list submitted be bona fide
residents of the local government unit concerned. Provided, further, that in case a sectoral
organization belongs to a duly registered national federation or association, said national
federation ot association shall certify the membership of the local sectoral organization in lieu of
the certificate of registration issued by concerned government agencies.

‘The local election registrar of the Commission on Elections shall cause the registration or
dismissal of the application for registration of the local sectoral organization within thirty 30 days
after receiving the petition for registration and its attachments.

In case the application for registration is dismissed, the local election registrar shall furnish the
applicant of its decision stating the grounds, as herein provided, for its dismissal.


Section 7. Dismissed application for registration, Remedies. — Any local sectoral
organization whose application was dismissed is given five (5) days from receipt of the decision
to file for a motion for reconsideration. If the motion for reconsideration is denied, the
aggrieved party is given ten (10) days within which to file an appeal before the regional election
officer, in case of a province and highly urbanized and independent cities; or provincial election
officer, in case of a component city or municipality.

‘The decision of the regional election officer and of the provincial election officer, as the case
may be, shall be final and executory. No appeal shall be entertained by the regional and
provincial election officers if the ten (10) day reglementary period or a fraction thereof falls
within the one hundred eighty (180) day prohibitory period prior to the holding of regular local
elections.

Section 8. Qualification and Disqualification, Grounds. ~ a) Qualification - Sectoral
otganizations intending to participate in the local sectoral representation elections must possess
the following qualifications:

1. They must be a duly registered or accredited local sectoral or people’s
organization;

2. ‘They must have been in existence for at least one (1) year prior to the
commencement of the regular local elections.

3. They must not adhere to and advocate violence of any type, directly or indirectly,
nor support any organization directly or indirectly adhering to and advocating the
same.

4, They must uphold the Constitution of the Republic of the Philippines and all the
laws enacted in accordance with it including their implementing rules and

regulations.

b) Disqualification — Sectoral organizations not possessing ot adhering to any of the
conditions enumerated in the preceding Section shall be disqualified from participating in the
local sectoral representation elections. ‘The Commission on Elections may motu proprio, or upon
petition of any person or organization, disqualify any sectoral organization if they find that the
sectoral organization is wanting of any of the enumerated qualifications. Provided, however, that
sectoral organizations may only be disqualified after due hearing has been conducted for the

Purpose.

Section 9. Registration and Accreditation, When and Where to file. - ) Petition for
tegistration and accreditation shall be filed in the local offices of the Commission on Elections.
For sectoral organizations wishing to participate in the provincial local sectoral representation
elections, the petition shall be filed with the provincial election registrar, or with the city or
municipal election registrars, where applicable.

b) The petition for registration and accreditation must be filed not later than one
hundred eighty (180) days prior to the commencement of the local regular elections.


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©) The local election registrar shall render its decision within thirty (30) days upon receipt
of the petition. It shall cause the publication of the petition in a conspicuous place in the
provincial, city, ot municipal hall and shall promulgate the same within ten (10) days in any
newspaper of general circulation in said province, city, or municipality.

Section 10, Nomination of Sectoral Representatives. - Nominees of sectoral organizations
shall be nominated in accordance with their constitution and by-laws, provided, that the
nominees shall possess all the qualifications enumerated under Section 11 of this Act. Provided,
further, that the names of the nominees shall be submitted to the same local election registrar
where the sectoral organization concerned was accredited and registered at least one month prior
to the commencement of the regular or special local elections.

Section 11. Qualification and Disqualification of Nominees. ~ a) Aside from being a
member of the sectoral organization, nominees of sectoral organizations must possess the
following qualifications:

1. He ot she must be a natural born Filipino citizen;

2. He or she must be a resident of the local government unit concerned for at least
three (3) years;

3. He or she must be a registered voter of his or her locality prior to the conduct of
the regular local elections;

4. He or she must be able to read and write;

5. He or she must not be a member of any major political parties as accredited by
the Commission on Elections;

6. He or she must belong to the sector he or she wishes to represent and must not
be an incumbent elected or appointed official upon his or her nomination;

7. His or her income and assets must be at par with the income and assets of the
sector he or she wishes to represent;

8. He of she must not be convicted, with finality, of any crime punishable with at
least one year of imprisonment.

9. He of she has no pending case in any administrative, quasi-judicial or judicial
agencies involving moral turpitude.
b) A nominee is disqualified if he or she lacks any of the qualifications enumerated in the
preceding subsection.
Section 12. Election of Local Sectoral Representatives, Manner of, — a) Sectoral
otganizations participating in the local sectoral representation elections shall be elected at large

during the regular local elections. Provided, that sectoral organizations shall be grouped
according to the sector they intend to represent and shall be voted in accordance with the same


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sectoral aggrupation. Provided further, that no candidate sectoral organization can participate in
two different sectoral groups.

b) The candidate sectoral organization which garnered the highest number of votes for
the sector it sought election in and wishes to represent shall be proclaimed winner and shall be
entitled to a seat in the sanggumian concerned.

©) Pre-proclamation protest is not allowed under this Act. All protests shall be filed
within fifteen (15) days after the proclamation of the winning sectoral organization with the local
election registrar concerned who shall act upon said protests within sixty (60) days upon receipt.
‘The decision of the local election registrar shall be appealable to the Regional Director in case of
provinces or independent cities, and to the Provincial Election Registrar in case of component
cities and municipalities. The decision of the Provincial Election Registrar shall be appealable to
the Regional Director while the latter’s decision shall be subject to review by the Commission en
bane.

Section 13. Vacancy/Removal of Local Sectoral Representative. — The local sectoral
representative will be removed and there shall be vacancy in any of the following conditions:

a. He or she has been convicted, with finality, of a crime punishable by at least one year
of imprisonment;

b. He or she has been expelled from the sectoral organization he or she represents after
finding just cause and in accordance with its constitution and by-laws;

c. Loss of trust and confidence of his or her sectoral organization.

In the event that a local sectoral representative is removed under paragraph (¢) of this
section, the sectoral organization concerned shall notify within fifteen (15) days the Sangguniang
Bayan in which the removed local sectoral representative sits of the removal and the name of his
subsequent replacement in accordance with Section 14 of this Act.

Section 14. Replacement in case of Vacancy, Manner of. ~ In case of a permanent vacancy
caused by the death, incapacity, disqualification, or removal of the sitting local sectoral
representative, the same shall be filled-up by the second, third, fourth and fifth nominee, as the
case may be, of the sectoral organization where the deceased, incapacitated or disqualified
representative is affiliated. ‘The Sangguniang Bayan shall cause the replacement of the
incapacitated, disqualified, or removed local sectoral representative within fifteen (15) days from
receipt of the notice from the sectoral organization.

Section 15. Term of office. ~The term of office of local sectoral representatives shall coincide
with the terms of office of other local elective officials unless said representative is found later to
be disqualified under Section 11 of this Act or his or her representation is revoked by his or her
sectoral organization.

Section 16. Rights, benefits and other entitlements. — Local sectoral representatives shall
have the same rights, benefits, salaries, emoluments, and other entitlements enjoyed by other


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members of the provincial, city, and municipal sanggunian provided under the Local Government
Code of 1991, as amended.

Section 17. Disaffiliation of nominee, Effect of. — In the event that the nominee has
disaffiliated himself voluntarily or involuntarily from the sectoral organization he represents, he
shall automatically be removed from office and cease from representing his sectoral organization.
He shall be replaced in accordance with Section 14 of this Act.

Section 18. Implementing Rules and Regulation. ~The Commission on Elections and the
Department of the Interior and Local Government are hereby mandated to cause the creation of
the Implementing Rules and Regulation within six (6) months after the approval of this Act.

Section 19. Separability Clause. — Any provision of this Act found and declared to be
inconsistent with the Constitution shall not affect other provisions not found and declared
unconstitutional.

Section 20. Repealing Clause. ~ The provisions of Section 446, paragraph (b), Section 457,
paragraph (b) and Section 467, paragraph (b) of the Local Government Code of 1991, as
amended, are hereby modified. Likewise, Republic Act Numbered 8553 and all other laws,
presidential decrees, executive orders and rules and regulation inconsistent and repugnant with
the provisions of this Act are hereby modified and repealed, accordingly.

Section 21. Construction. — All doubts concerning the application and implementation of this
‘Act, including its implementing rules and regulations shall be construed in favor of providing
sectoral representations to the local legislative bodies of local government units.

Section 22, Effectivity. - This Act shall take effect after fifteen (15) days following its
publication in two (2) newspapers of general circulation.

Approved,