REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 2271 __

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

Explanatory Note

The Local Development Council (LDC) is a special body created under the Local
Government Code of 1991 (Republic Act No. 7160, Title Six, Sections 106 to 115) to
assist the Sanggunian in setting the direction of the economic and social development of
the local government unit and to coordinate development efforts within its territorial
jurisdiction. It has its counterparts at the barangay, municipal and provincial levels.
The rationale for its existence stems from the mandate of the aforementioned Code
requiring every local government unit to formulate a comprehensive multi-sectoral
development plan which shall be approved by the sanggunian.

The LDC has the following functions: To formulate long term, medium term, and annual
socio-economic development plans and policies; formulate the medium term and
annual public investment programs; appraise and prioritize socio-economic
development programs and projects; formulate local investment incentives to promote
the inflow and direction of private investment capital; coordinate, monitor and evaluate
the implementation of programs and projects; and perform such other functions as may

be provided by law or competent authority.

It also has the specific responsibility to adopt and recommend approval to the
Sanggunian of the Local Development Plan, Local Physical Framework Plan, the Local
Investment Program, the Annual Investment Plan and other Special Development Plans;
ensure the consistency of the Local Development Plans and the local development
programs of the municipalities and barangays through coordination with the other
local development councils; ensure through the process of evaluation that programs
and projects in the local government unit have gone through the required consultations

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at the LGU level; and monitor and evaluate the implementation of both local and
nationally-funded development programs and projects. Obviously, the importance of
the LDC as a special body in the Local Government could not be overemphasized.

One of the major innovations brought forth by the Local Government Code of 1991 is its
explicit provision that at least one fourth (1/4) of the total membership of the Local
Development Council, or every local development council for that matter, from the
barangay, to the municipality, up to the provincial level, shall come from
nongovernment organizations, more popularly known as NGOs. This was designed to

enhance multi-sectoral participation in the affairs of government.

The specific situation we are focusing here is the fact that there are representatives in
the Local Development Council from the Business Sector and Civil Society Sector. They
have different expertise, particular interests, and nature of work. However, they are
simply lumped together as representatives of the Private Sector.

A representative of the local Chamber of Commerce, for instance, is expected to have
business acumen and more adept in economic issues. A representative of the Catholic
Women’s League, on the other hand, would obviously be more interested in charity and
social work. But to lump them together in one sector, the Private Sector, can be seen as
preventing their more effective participation and maximization of their contribution to
development processes. These are very serious issues that affect the quality of people's
participation in Local Development Councils.

The Philippine Agenda (PA) 21 is our national agenda for sustainable development as
stipulated in Executive Order (£.0.) 370. PA 21 is also based on the World Commission
on Environment and Development (WCED) documents, and a product of widely
participative national and regional multi-sectoral consultations. PA 21 recognizes three
key actors in holistic sustainable development and their roles in the different realms of
society, a concept called Social Threefolding in the field of Sociology. Business is the key
actor in economy, which is mainly concerned with producing goods and services for
people. Government is the key actor in polity, which is concerned with democratic
governance and security of human rights, while Civil Society is the key actor in the


realm of culture, which is concerned with the development of the social and spiritual

capacities of human beings.

At the World Economic Forum in Switzerland, United Nations Secretary General Ban Ki-
moon had this to say, “Our times demand a new definition of leadership - global
leadership. They demand a new constellation of international cooperation -
governments, civil society and the private sector, working together for a collective
global good.” It seems obvious to our understanding that by the terms “private sector”
he means, the business sector since civil society is already separately and specifically

mentioned.

This is also the underlying confusion within Local Development Councils in general
based on the Local Government Code of 1991. The undefined use of the phrase “private
sector” to generally refer to nongovernment stakeholders in the Local Development
Council fails to clarify whether we are referring to non-profit nongovernment
organizations or to profit-oriented nongovernment organizations, or to both. Hence,
this bill.

HON. KRIS’ ALEXIE B. TUTOR


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

2271
House Bill No.

Introduced by HON. KRISTINE ALEXIE B. TUTOR
Third District, Bohol

AN ACT
TO STRENGTHEN THE LOCAL DEVELOPMENT COUNCILS (LDCs) BY
THREEFOLDING ITS REPRESENTATION, AMENDING FOR THAT PURPOSE
‘CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS
“THE LOCAL GOVERNMENT CODE OF 1991,” AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. Short Title. — This act shall be known as the “Local
Development Councils Threefolding Act of 2019.”

SEC. 2. Definition of Terms. — For the purpose of this Act, the following

terms shall mean as herein defined:
a) “Business Organizations” - includes any organization that does private
service, the main purpose of which is for profit, and does not receive any
salary or remuneration from the government, nor represents the government

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in any capacity, at any level, but accredited by the local sanggunian in
10 accordance with R.A. 7160;

11 _ b) “Civil Society Organizations” - includes any organization that does private
2 service, the main purpose of which is for non-profit public good, and does not
13 receive any salary or remuneration from the government, nor represents the
4 government in any capacity, at any level, but accredited by the local
15 sanggunian in accordance with R.A. 7160;

16 c) “Threefolding” — refers to the representation of the three major sectors in the
17 local government unit that recognizes the business sector as the key actor in
18 economy, which is mainly concerned with producing goods and services for

19 people, government as the key actor in polity, which is concerned with


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democratic governance and security of human rights, while civil society as
the key actor in the realm of culture, which is concemed with the
development of the social and spiritual capacities of human beings.

SEC. 3. Composition of Local Development Councils. — Section 107 of
Republic Act No. 7160 is hereby amended to read as follows:

“Section 107. Composition of Local Development Councils. — The composition
of the local development council shall be as follows:

(a) The Barangay development council shall be headed by the Punong
Barangay and shall be composed of the following members:

(1) Members of the Sangguniang Barangay;

(2) Representatives of non-governmental organizations operating in the
Barangay AND ACCREDITED BY THE SANGGUNIAN, who shall
constitute not less than one fourth (1/4) of the members of the fully organized
council. NON-GOVERNMENTAL ORGANIZATIONS ACCREDITED BY
THE SANGGUNIAN SHALL BE DIVIDED INTO TWO (2), CIVIL
SOCIETY ORGANIZATIONS AND BUSINESS ORGANIZATIONS, IF
ANY;

(3) A representative of the congressman.

(b) The city or municipal development council shall be headed by the mayor
and shall be composed of the following members:

(1) All Punong Barangays in the city or municipality;

(2) The chairman of the committee on appropriations of the Sangguniang
Panlungsod or Sangguniang bayan concerned;

(3) The congressman or his representative; and

(4) Representatives of non-governmental organizations operating in the city or
municipality, as the case may be, AND ACCREDITED BY THE
SANGGUNIAN, who shall constitute not less than one-fourth (1/4) of the
members of the fully organized council. NON-GOVERNMENTAL
ORGANIZATIONS ACCREDITED BY THE SANGGUNIAN SHALL BE
DIVIDED INTO TWO (2), CIVIL SOCIETY ORGANIZATIONS AND
BUSINESS ORGANIZATIONS, IF ANY;


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(©) The provincial development council shall be headed by the governor and
shall be composed of the following 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 nongovernmental organizations operating in the
province AND ACCREDITED BY THE SANGGUNIAN, who shall constitute
not less than one-fourth (1/4) of the members of the fully organized counci
NON-GOVERNMENTAL ORGANIZATIONS ACCREDITED BY THE
SANGGUNIAN SHALL BE DIVIDED INTO TWO (2), CIVIL SOCIETY
ORGANIZATIONS AND BUSINESS ORGANIZATIONS, IF ANY;

(@) The local development councils may call upon any local official concerned

or any official of national agencies or offices in the local government unit to
assist in the formulation of their respective development plans and public
investment programs.

SEC. 4. Representation of Non-Governmental Organizations. —
Section 108 of Republic Act No. 7160 is hereby amended to read as follows:

“Section 108. Representation of Non-Governmental Organizations. - Within a
period of sixty (60) days from the start of organization of local development
councils, the nongovernmental organizations WHICH INCLUDE CIVIL
SOCIETY ORGANIZATIONS AND BUSINESS ORGANIZATIONS, IF
ANY, shall choose from among themselves their representatives to said
councils. The local Sanggunian concerned shall accredit nongovernmental
organizations subject to such criteria as may be provided by law.”

SEC. 5. Executive Committee. - Section 111 of Republic Act No. 7160 is
hereby amended to read as follows:

“Section 111. Executive Committee. - (a) Each local development council shall
create an executive committee to represent it and act in its behalf when it is not
in session. The composition of the executive committee shall be as follows:

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(1) The executive committee of the provincial development council shall be
composed of the governor as chairman, the representative of component city
and municipal mayors to be chosen from among themselves, the chairman of
the committee on appropriations of the Sangguniang Panlalawigan, the
president of the provincial league of Barangays, and AT LEAST TWO
REPRESENTATIVES of nongovernmental organizations (ONE FROM CIVIL
SOCIETY ORGANIZATIONS AND ONE FROM BUSINESS
ORGANIZATIONS, IF ANY) that are represented in the council, as members;
(2) The executive committee of the city or municipal development council shall
be composed of the mayor as chairman, the chairman of the committee on
appropriations of the Sangguniang Panlalawigan, the president of the city or
municipal league of Barangays, and AT LEAST TWO REPRESENTATIVES
of nongovernmental organizations (ONE FROM CIVIL SOCIETY
ORGANIZATIONS AND ONE FROM BUSINESS ORGANIZATIONS, IF
ANY) that are represented in the council, as members; and

(3) The executive committee of the Barangay development council shall be
composed of the Punong Barangay as chairman, a representative of the
Sangguniang Barangay to be chosen from among its members, and AT LEAST
TWO REPRESENTATIVES of nongovernmental organizations (ONE FROM
CIVIL SOCIETY ORGANIZATIONS AND ONE FROM BUSINESS
ORGANIZATIONS, IF ANY) that are represented in the council, as members.
(b) The executive committee shall exercise the following powers and functions:
(1) Ensure that the decision of the council are faithfully carried out and
implemented;

(2) Act on matters requiring immediate attention or action by the council;

(3) Formulate policies, plans, and programs based on the general principles laid
down by the council; and

(4) Act on other matters that may be authorized by the council.”

SEC. 6. Separability Clause. — If any section or provision of this Act
shall be declared unconstitutional, the remaining sections or provisions shall not
be affected thereby.


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SEC. 7. Repealing Clause. — All laws, presidential decrees, executive
orders, letters of instruction, rules and regulations which are inconsistent with any
of the provisions of this Act are hereby repealed or modified accordingly.

SEC. 8. Effectivity Clause. — This Act shall take effect fifteen (15) days
after the completion of its publication in the Official Gazette or in any newspaper

of general circulation.

Approved,