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Republic of the Philippines
HOUSE OF REPRESENTATIVE:
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNO, __ 3804

Introduced by HON. RENE L, RELAMPAGOS
First Di t, Bohol

EXPLANATORY NOTE,

the Local Development Couneil (LDC) is a special body ereated 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 dev ‘lopment
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 at
the | 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 {rom the
barangay, to the municipality, up to the provincial level, shall come from non.
government organizations (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
iety Sector. They have different expertise, particular interests, and nature of work.

1, 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 togel ther i in one sector, the r,
be seen as preventing their more effec
contribution to development prock
quality of people's participation in Local iSevelOoReaE Councils.

The Philippine Agenda (PA) 21 is our national agenda for sustainable
development as stipulated in Executive Order (E.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." Tt 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.

REN! bbez RELAMPAGOS


Republic of the Philippines
HOUSE OF REPRESENTATIV
Quezon City, Metro Manila

NTEENTH CONGR
First Regular

HOUSE BILL Nt

Introduced by HON. RENE L, RELAMPAGOS.
i t, Bohol

“AN ACTYO STRENGTHEN THE LOCAL DE OPMENT COUNCILS
(LDCs) BY THREEVOLDING ITS REPRESENTATION, AMENDING FOR
‘THAT PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7160,
OTHERWISE KNOWN AS*!'HE LOCAL GOVERNMENT CODE OF 1991,”

AND FOR OTHER PURPOSES”

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

TION 4, Title. — T
hreefolding Act of 2016

s act shall be known as the “Local Development
Councils

SECTION 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 doe:
service, the main purpose of which is for profit, and do
salary or remuneration from the government, nor represents the government
in any pacity, at any level, but accredited by the local sanggunian in
accordance with 7160;

private
$ not receive any

b. “Civil Society Organizations” - includes any organization that does private
service, the main purpose of which is for non-profit public good, and does nol
receive any salary or remuneration from the government, nor represents the

any capacity, at any level, but accredited by the local

ordance with R.A. 7160;

government in

sar

gunian ina

hrecfolding” ~ refers to the representation of the three major sectors in the
local government unit that recognizes the business sector as the key actor in
economy, which is mainlyconcerned with producing goods and serviees for
people, government as the key actor in polity, which is concerned with
democratic governance and security of human rights, while civil society as the
key actor in the realm of culture, which is concerned with the development of
the social and spiritual capacities of human beings.



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

selion 107 of

Section 107. Composition of Local Development Councils. — ‘The

composition of the local development council shall be as follows:

a. ‘The Barangay
Barangay and s

development council shall be headed by the Punong
hall be composed of the following members:

1) Members of the Sangguniang Barangay;

2) Representatives of — non-governmental organizations
operating in the Barangay ANDACCREDITED BY THE
SANGGUNIAN, who shall constitute not less than one
fourth (1/4) of the members of the fully organized council.

NON- GOVERNMENT,
BY THE SANGGUNIAN
(2), CIVEL SOCIETY ORGANIZATIONS AND BU

ORGANIZATIONS, IF ANY;
3) A representative of the congressman.

b. The city or municipal development council shall be headed by the
mayor and shall becomposed of the following members:

1) All Punong Barangays in the city or municipality;
2) The chairman of the committee on appropriations of the
ungguniang 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;

© The provincial development council shall be headed by the governor
and shall be composed of the following member

1) All mayors of component cities and municipalities;
The chairman of the committee on appropriations of the
Sangguniang Panlalawigan;

3) The congressman or his representative:

1) Representatives of nongovernmental orga
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 council. NON-
GOVERNMENTAL ORGANIZATIONS ACCREDITED BY
‘THE SANGGUNIAN SHALL BE DIVIDED INTO TWO (2)
CIVLL SOCIETY ORGANIZ.
ORGANIZATIONS, IF ANY;

tions operating,

ONS AND BUSINESS



d. 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

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

esentation of Non-Governmental Organizations.
Within a period of sixty (60) days from the start of organization of local
development councils, the nongovernmental organizations. WHICII
INCLUDE CIVIL SOCI 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.

Section 108. Repri

SECTION 5. Executive Committ
hereby amended to read as follows:

~ Section 111 of Republic Act No. 7160 is

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:

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 REPRESE ITATIVES of
hongovernmental 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
ormunicipal league of Barangays, and AT LEAST ‘TWO.
REPRESENTATIVES | of hongovernmental organizations
(ONE FROM CIVIL SOCIETY ORGANIZATIONS AND ONE
"ROM 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.

SECTION 6,Separability Clause. ~ If any seetion or provision of this Act shall be
declared unconstitutional, the remaining sections or provisions shall not be affected
thereby

SECTION 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

SECTION 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,