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

FIFTEENTH CONGRESS
First Regular Session

House BillNo._ 2137

Introduced by Reps. NERI JAVIER COLMENARES, TEODORO A. CASINO,
RAFAEL V. MARIANO, LUZVMINDA C. ILAGAN, RAYMOND V. PALATINO,
EMERENCIANA A. DE JESUS and ANTONIO L. TINIO

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 involves the general and
collective interests of the Filipino people.

This mandate was institutionalized in the enactment of the Partylist System Law and the Local
Government Code. Unfortunately, only the Party List System was implemented. The provisi
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 a 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
Gisabilities, 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 interest of the entire Filipino
nation.

Hence, immediate approval of this proposed legislation is earnestly sought.


Approved,

Gu
TEODORO A. CASINO
Bayan Muna Party-List

xX t.
Cex Pe ae wacer

Anakpawis Partylist Gabriela Women’s Party

a.

RAYMOFY) V. PALATINO EMERENCIANA A‘ DE JESUS
Kabataan Party Gabriela Women’s Party

ANTONIO. TINIO

Alliance of Concerned Teachers Party


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

FIFTEENTH CONGRESS
First Regular Session

2137

House Bill No.

Introduced by Reps. NERI JAVIER COLMENARES, TEODORO A. CASINO,
RAFAEL V. MARIANO, LUZVMINDA C. ILAGAN, RAYMOND VY. PALATINO,
EMERENCIANA A. DE JESUS and ANTONIO L. TINIO

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
determinded 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 sanggunian concemed may determine within ninety (90)
days prior to the conduct 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


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

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

ad, 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.

¢. 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.

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

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

Section 5. Registration. — The registration of local sectoral organization, 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 disabliities, 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 they wish to be elected,

In registering their sectoral or people’s organization, the organization must submit a petition for
registration, list of members with their complete addresses, 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 should 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 or
association shall certify the membership of the local sectoral organization in lieu of the
certificate of registration issued by concemed 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 fora
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; and 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 prohbitory period prior tothe holding of regular local
elections.

Section 8, Qualification and Disqualification, Grounds. — a) Qualification - Sectoral
organizations 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 be in existence for at least one (1) year prior to the conduct of the
regular local elections.

3. They must not adhere and advocate violence of any type, directly or indirectly,

hor support any organization directly or indirectly adhering 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 or 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. - a) Petition for
registration 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 in the provincial election registrar. For sectoral organizations
wishing to participate in the city or municipal local sectoral representation elections, the petition
shall be'filed in 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 conduct of the local regular elections.

c) 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, or 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 at least one month prior to the conduct
of the regular or special local elections to the same local election registrar where the sectoral
organization concerned was accredited and registered.

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 must be a natural born Filipino citizen;

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

3) He must be a registered voter of his locality prior to the conduct of the regular
local elections;

4

He must be able to read and write;

5

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

6)

He must belong to the sector he wish to represent and must not be an incumbent
elected or appointed official upon his nomination;


6

He must belong to the sector he wish to represent and must not be an incumbent
elected or appointed official upon his nomination;

7

His income and assets must be at par with the income and assets of the sector he
wish to represent;

8

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

9) He has no pending case in any administrative, quasi-judicial or judicial agencies

involving moral turpitude.

'b) A nominee is disqualified if he lacks any of the qualifications enumerated in the
preceding subsection.

Section 12. Election of Local Sectoral Representatives, Manner of. — a) Sectoral
organizations 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
sectoral aggrupation. Provided, further, that no candidate sectoral organization can participate in
two different sectoral aggrupation.

b) The candidate sectoral organization which gamered the highest number of votes for
the sector it sought election and wish to represent shall be proclaimed winner and shall be
entitled to a seat in the Sanggunian 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 in 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 appeaHlable to the Regional Director in case
of a province 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 appeallable
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. — There shall be vacancy in
any of the following conditions:

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

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

¢) Loss of trust and confidence of his sectoral organization.


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 i5. Term of office. — The term of office of local sectoral representatives shall coincide
with the terms of office of other local elective officials unless found later to be disqualified under
Section 11 of this Act or his representation revoked by his 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 members
of the provincial, city, and municipalsanggunians 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 represent, 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,