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House of Representativés
Quezon City Xe “m

SIXTEENTH CONGRESS
First Regular Session

Republic of the Philippine:

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HOUSE BILL NO. 279

Introduced by Honorable Cresente C. Paez and Honorable
Anthony M. Bravo

EXPLANATORY NOTE

The 1987 Philippine Constitution provides that “Legislative bodies of local
government units shall have sectoral representation as may be prescribed by law” (Art. X,
Sec 9).

The Local Government Code of 1991 (RA 7160) has provided that in the local
sanggunians “...there shall be one (1) sectoral representative from the women, one (1)
from the workers, and one (1) from any of the following sectors: the urban poor,
indigenous cultural communities, disabled persons, or any other sector as may be
determined by the sanggunians concerned within ninety (90) days prior to the holding of
the next local elections as may be provided by law.”

In 1995, however, Congress enacted RA 7887 which, among others, clarified that
there is a need for another law, other than the Local Government Code of 1991, for the
conduct of elections for local sectoral representatives.

More than twenty years after our people ratified the Constitution that gave them the
mandate for local sectoral representation, there is still no enabling law that authorizes the
election of sectoral representatives and we still do not have elected sectoral
representatives in our local legislative bodies. This has frustrated the popular mandate for
broader participation of our people and has diminished the democratization of our
legislative process.

Hence, the approval of this bill is earnestly sought.

HON. crepe AEZ HON. ANTHONY M. BRAVO


Republic of the Philippines

House of Representatives
Quezon City

SIXTEENTH CONGRESS

First Regular Session

HOUSE BILL noe? 3

Introduced by Honorable Cresente C. Paez and Honorable
Anthony M. Bravo

AN ACT PROVIDING FOR THE MANNER AND DATE OF ELECTION OF
SECTORAL REPRESENTATIVES TO THE LOCAL SANGGUNIANS AND FOR
OTHER PURPOSES

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

SECTION 1. Title - This Act shall be known as the “Local Sectoral Representation Act of
2013”

SECTION 2. Declaration of Policy — It is the policy of the State to have sectoral representatives
belonging to the marginalized sectors in the provincial, city and municipal sanggunians. It is
likewise the policy of the State to uphold the right of the people and their organization to
effective and reasonable participation at all levels of social, political, and economic decision-

making.

SECTION 3. Definition of Terms - For the purpose of this Act:

(a) “Sectoral Organization” refers to a group of citizens belonging to any sector which
are bound by a common vision or purpose with an internal structure of
accountability to the membership, including but not limited to the women sector,
workers, indigenous peoples and cultural communities, cooperatives, differently-
abled persons, senior citizens and the urban poor.

(b) “Coalition” referst to an aggregation of COMELEC registered organizations and
accredited under RA 7941.

(c) “Marginalized sectors” refers to the fourteen (14) basic sectors as enumerated in RA
8425

(a) “COMELEC’ refers to the Commission on Elections.


SECTION 4. Election of Local Sectoral Representatives

(a) There shall be three (3) sectoral representatives each in the Sangguniang Panlalawigan,
Sangguniang Bayan, and Sangguniang Panlunsod who shall be elected pursuant to this Act
from any of the basic sectors of RA 8425, except the youth sector.

(b) In determining the qualified sectors to participate in the local sectoral elections, the local
chapters of the COMELEC accredited Party-list groups registered under RA 7941 shall
submit its local chapter officers and list of at least twenty-five (25) members to the local
COMELEC Office not later than one (1) year prior to the holding of the next local elections
for purposes of including them as candidates for the three (3) sectoral representatives of the
local sanggunian. Such submission shall be attested to by their respective Party-list
President, Secretary General, or by any authorized Party-list Officer: Provided, that the
youth sector shall not be among the basic sectors in as much as there is already a youth
representative in the local sanggunians by virtue of the representation of the Sangguniang
Kabataan under RA 7160, as amended. The local COMELEC Office shall promulgate an
omnibus resolution accrediting these local Party-list chapters for the local sectoral elections.

(©) A Municipal chapter of a Party-list shall have at least twenty-five (25) members on top of
the chapter officers who are the President, Vice President, Secretary, Treasurer, Auditor, and
Press or Public Relations Officer. A City chapter shall have Vice Presidents for every
congressional district. A Provincial chapter is one which is composed of at least all the
chapter officers of at least majority of the municipalities and component cities of the
province plus at least twenty five other members who may also be members of the municipal
or component city chapter.

(d) Sectoral representatives of the local sanggunians shall be elected at large. A voter is entitled
to vote for three (3) local Party-list chapters for which the top three (3) Party-lists shall be
declared winner and whose top nominees shall be proclaimed members of the local
sanggunian.

(e) The first election for the local sectoral representatives shall be simultaneous with the local
election immediately after the approval of this Act. Subsequent elections of sectoral
representatives shall be three (3) years thereafter.

SECTION 5. Manifestation to Participate in the Elections — A local Partyclist chapter has
already been accredited by the local COMELEC shall file its manifestation to participate in the
local elections for sectoral representatives not later than one hundred fifty (150) days prior to the
next elections. Such manifestation shall be accompanied by a certification authorizing its
participation in the local sectoral elections by the Party-list President, Secretary General or any
authorized Party-list Officer. The COMELEC shall, after due notice and hearing, resolve said
manifestation, including a motion for reconsideration, within thirty (30) days from the date of its


submission for resolution, but in no case later than ninety (90) days before elections.

SECTION 6. Certified List of Registered Sectoral Organization - The COMELEC shall, not
later than sixty (60) days before elections, prepare a certified list of accredited local sectoral
organizations which have applied and manifested their desire to participate in the elections for
local sectoral representation to the local sanggunians and distribute forthwith copies thereof to all
accredited local Party-list chapters, and furnish all precincts for posting in the polling places on

election day.

SECTION 7. Nomination of Sectoral Representatives — Each qualified sectoral organization shall
submit to the COMELEC not later than forty-five (45) days before the elections, a list of three
(3) nominees, ranking them as the first, second and third nominees.

‘A person may be nominated in one (1) list only. Only persons who have given their consent in
writing may be named in the list. The list shall not include any candidate for any elective office
or a person who has lost his bid for an elective office other than the sectoral representative in the
immediately preceding election. No change of names or alteration of the order of the nominees
shall be allowed after the same shall have been submitted to the COMELEC except in cases
where the nominees die, withdraw in writing, or become incapacitated
SECTION 8. Qualifications of Sectoral Representative — No person may be nominated as
sectoral representative unless he is:
(a) A citizen of the Republic of the Philippines,
(b) A registered voter in the city or municipality where he or she intends to be elected,
(©) A resident therein for at least one (1) year immediately preceding the day of the electon,
(d) At least twenty one (21) years of age on the day of the election in case of a nominee for a
provincial sanggunian or eighteen (18) years of age on the day of election in any other
case,
(©) A bona fide member of the registered sectoral organization or coalition, which the
nominee seeks to represent for at least ninety (90) days preceding the day of the election
and

(f) Able to read and write Filipino or any other local language or dialect.

SECTION 9. Disqualification of Sectoral Nominees — The following are disqualified as
nominees for sectoral representatives:
(a) Those sentenced by final judgment for an offense involving moral turpitude or for an
offense punishable by one (1) year or more of imprisonment, within two (2) years after
serving sentence;

(b) Those removed from office by final judgment in an administrative case;


(c) Those convicted by final judgment for violating the oath of allegiance to the Republic of
the Philippines; and
(a) Persons declared insane or non compus mentis by competent authority

SECTION 10. Nominees Holding Appointive Office — Any person holding a public appointive or
position, including active members of the Armed Forces of the Philippines (AFP), the Philippine
National Police (PNP), and other law enforcement agencies and officers and employees in
government-owned and/or controlled corporations shall be considered ipso facto resigned from
his office upon acceptance of his nomination as the nominee of a candidate for sectoral

representation.

SECTION 11. Manner of Voting — Every voter shall be entitled to vote for three (3) sectoral
organizations reserved for the sectoral representatives in the local sanggunians.

SECTION 12 . Term of Office ~ The term of office of sectoral representatives shall be three (3)
years or until he or she changes organizational affiliation, whereupon he/she shall be replaced by
the next in rank in the list of nominees submitted to the local COMELEC

SECTION 13 Effect of Change of Affiliation ~ Any elected sectoral representative who changes
his organizational affiliation during his term of office shall forfeit his seat: Provided, That if he
or she changes organizaitional affiliation within six (6) months before the election, he or she
shall not be eligible for nomination as sectoral representative under any other sectoral

organization or coalition

SECTION 14 Vacancy — In case of permanent vacancy in the seats reserved for sectoral
representative occurs, the vacancy shall be filled automatically by the next nominee of the
organization or coalition represented by the person who caused the vacancy, who shall then serve
the unexpired term. If the list is exhausted, the sectoral organization or coalition concerned shall
submit additional nominees to the Commission: Provided, That such new nominee is not
disqualified under this Act: Provided, further, That this procedure will likewise apply if the
vacancy is caused by the recall of the nominee by the organization or coalition that he/she

represents.

SECTION 15 Rights of Sectoral Representatives — Sectoral Representatives shall be entitled to
the same salaries, emoluments, rights, privileges and benefits as the other members of the

sanggunian,

SECTION 16. Voter's Education - The COMELEC, together with and in support of accredited
citizens’ arms shall carry out a continuing and systematic campaign through newspapers of


general circulation, radio, and other media forms as well as through seminars, symposia, and
other non-traditional means to educate the public and fully inform the electorate about the

election of sectoral representatives

SECTION 17. Designation of Other Dates for Certain Pre-Election Acts — If it is no longer
possible to observe the periods and dates prescribed by this Act for certain pre-election acts, the
COMELEC shall fix other periods and dates in order to ensure the election of sectoral
representatives: Provided, however, That this provision shall not be construed to allow the
Commission to delay the elections for sectoral representatives in the year 2010

SECTION 18 Accommodation ~ The inclusion of local representatives for fourth, fifth and sixth
class municipalities shall not increase the number of seats in the sanggunian as presently
provided for by law unless a local government unit, by resolution, declares that there are
available funds for such additional seats: Provided, That such resolution will be adopted one (1)
year prior to the next election and shall henceforth be applicable in the succeeding elections.

SECTION 19. Rules and Regulations - The COMELEC shall promulgate rules and regulations
necessary to carry out the purposes of this Act which shall be published in a newspaper of
general circulation and/or website.

SECTION 20. Separability Clause ~ If, for any reason, any part or provision of this Act is
declared unconstitutional or illegal, other parts or provisions hereof which are not affected
thereby shall continue to be in full force and effect.

SECTION 21. Repealing Clause — Section 41 paragraph (c) of Republic Act. No. 7160,
otherwise known as the “Local Government Code of 1991” is hereby amended. Republic Act
No. 8553 is hereby repealed. All laws, presidential decrees, executive orders, including rules
and regulations promulgated hereunder, which are inconsistent with provisions of this Act, are
hereby amended, repealed or modified accordingly

SECTION 21. Effectivity— This Act shall effect fifteen (15) days after its complete publication in
two (2) newspapers of general circulation

Approved,