Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House Bill No. 4244

Introduced by Hon. Francis Gerald Aguinaldo Abaya

EXPLANATORY NOTE

As enshrined in Article II, Section 1 of the 1987 Constitution, it is a fundamental
state principle that the Philippines is a democratic and republican state. The provision
further states that sovereignty resides in the people and all government authority
emanates from them

The concept of public participation provides that those who are affected by
decisions or policies have a right to be involved in the decision-making process. It helps
empower the individual citizen and is aligned with the state principle of democracy.

This bill seeks to provide a means for direct people participation in local
government units (LGUs) through the creation of people's councils. By allowing civil
society participation in governance and decision-making processes, local government
units are better equipped to deal with issues. Civil societies become partners in
determining key development programs, serving as firsthand sources in determining
which problems need immediate attention. The LGUs also stand to benefit by having
access to talent and resources they would not otherwise have.

In view of the foregoing, immediate approval of this bill is earnestly sought.

FRANCIS GERALD AGUINALI SAYA
Representative, First Di , Cavite


Republic of the Philippines.
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BillNo.___4244

Introduced by Hon. Francis Gerald Aguinaldo Abaya

AN ACT CREATING A SYSTEM OF PARTNERSHIP BETWEEN LOCAL
GOVERNMENTS AND CIVIL SOCIETY ORGANIZATIONS THROUGH THE
ESTABLISHMENT OF A PEOPLE'S COUNCIL IN EVERY LOCAL GOVERNMENT
UNIT, PRESCRIBING ITS POWERS AND FUNCTIONS.

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 People
Empowerment Act of 2019"

SEC. 2. Declaration of Policy. - \t is hereby declared as policy of the State to
ensure participation of citizens in all avenues of local governance. Likewise, the State
acknowledges the value of creating a mechanism where its citizen's views and
opinions in different areas of governance may be heard and considered. Furthermore,
pursuant to Article II Section 23 of the Constitution, the State recognizes the value of
non-governmental, community-based, or sectoral organizations in nation building and
creating an avenue to ensure their growth and development. The state also recognizes
that a partnership with POs and CSOS will spur development in local government units
(LGUS) as envisioned by the Local Government Code of 1991

SEC. 3. Definition of Terms. - For the purposes of this Act:

a) Civil Society Organization (CSO) refers to any organized citizens’ group
including People's Organizations (POs) and Non-Government Organizations
(NGOs) such as community groups, labor unions, indigenous groups,
charitable organizations, faith-based organizations, professional associations,
and foundations;

b) Local Sanggunian refers to the local legislative body either specifically
the Sangguniang Panglungsod for cities or the Sangguniang Bayan for
municipalities;

c) People's Organization refers to a bona fide cooperative or association of
citizens organized for purposes not contrary to law with demonstrated capacity


to promote the public interest and with identifiable leadership, membership, and
structure with none of its officers and members occupying elective government
positions.

SEC. 4. Registration of CSOs.- Any CSO in active operation for at least one
year may be registered in their respective city or municipality where they conduct their
operations and where majority of their members reside. Registration will be approved
by the Local Sanggunian, upon submission or compliance of the following
requirements:

a) Proof of existence and operation in the respective city or municipality they
are applying in for at least one year prior to the application for registration;

b) Proof of activities held in pursuit of developmental objectives or of
organizational activities conducted;

c) Program of activities planned for the year following the date of application
for registration,

d) Copies of its constitution, by-laws and/or articles of incorporation;

e) Lists of its officers and members of good standing and their respective
addresses;

f) Financial statement and declaration of assets and liabilities, and

g) Board resolution manifesting a decision to register and participate under
this Act.

ACSO whose application for registration has been approved shall be issued a
certificate of registration containing, among others, the terms and conditions for the
maintenance of its registered status.

The Local Sanggunian, however, may from time to time, and in consultation
with the Local People's Council, impose such other requirements and conditions for
registration as it may deem appropriate to best adhere to the principles of this Act.
Any CSO already accredited by the Local Government prior to the effectivity of this
Act need not register for purposes of this Act, unless its accreditation has in the
meantime been withdrawn.

SEC. 5. Registration Deemed Inactive. - A registered CSO is required to
submit, by January 31 of every year, a list of accomplishments of the previous year
and its plans for the current year. Any CSO who fails to comply for two (2) consecutive
years, shall automatically have its registration deemed inactive

Any CSO whose registration has been deemed inactive may not avail of the
Rights and Privileges of registered CSOs contained in Section 7 of this Act. CSOs may
reactivate their registration upon submission of documents they lack.

SEC. 6. Committee on Registration of CSOs. - There shall be a Committee
on Registration of CSOs in each Local Sanggunian of all cities and municipalities. It is
mandated to perform the following functions:

a) Receive and process applications for registration;
b) Monitor compliance with the conditions for registration, and

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C) Initiate legislative measures for the effective performance of its tasks.
The Local People's Council, once formally organized, shall be entitled to a two-
seat representation in the Committee

SEC. 7. Rights and Privileges of Registered CSOs. - Registered CSOs may
enjoy the following rights and privileges:

a) Enter into joint ventures and other cooperative undertakings with the
Local Government to engage in the delivery of certain basic services, capability-
building and livelihood projects;

b) Develop local enterprises designed to improve productivity and income,
diversify agriculture, spur rural industrialization, promote ecological balance,
and enhance the economic and social well-being of the people within the
framework of equitable and sustainable development;

c) Receive assistance from the Local Government for economic, socially
oriented, environmental, good governance, or cultural projects to be
implemented within their territorial jurisdiction;

d) Join and become part of the Local People's Council.

SEC. 8. Creation of Local People's Councils. - A Local People's Council,
composed of accredited CSOs, shall be created. For this purpose, the Committee on
Registration of CSOs of each Local Sanggunian shall, not later than ninety (90) days
from the effectivity of this Act, call for a convention of all accredited CSOs to facilitate
the formal organization of the Local People's Council. Thereafter, the organized group
shall file a petition for recognition to the Local Sanggunian.

A Local People's Council shall be formally created upon approval by the Local
‘Sanggunian of the petition for recognition

SEC. 9. Structure and Rules of the Local People's Council. - Each Local
People's Council shall determine its own organizational structures and internal rules,
but shall at all times provide for adequate consultation mechanisms for purposes of
obtaining the views and suggestions of all political parties or movements, government
employees’ crganizations, other non-accredited but legitimate CSOs, and accredited
CSOs which are not members of the Council;

Provided, that no political party, government employees’ organization or non-
registered CSOs may be nominated by the Council for membership in the LGU's
special bodies nor may they be granted the rights and privileges of accredited CSOs
under this Act; and,

Provided further, that no provision herein shall be interpreted to prohibit the
Council from changing its name or from being organized for purposes other than those
indicated in this Act.

SEC. 10. Recognition of the Local People's Council by the Local
Sanggunian. - Only one Local People's Council shall be recognized by each Local

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Sanggunian. The Local Sanggunian is mandated to award recognition to a People's
Council within thirty days from the filing of a petition for recognition.

SEC. 11. Withdrawing Recognition of the Local People's Council. - The
Local Sanggunian can withdraw the recognition granted to the Local People's Council,
only upon action of a petitioner, and based on the following grounds:

a) That the Local People's Council allowed itself or any of its member
organizations to engage primarily in, or to be used primarily for, partisan political
activities;

b) Other grounds to be provided for in the Implementing Rules and
Regulations of this Act.

The Local Sanggunian shall not entertain and exercise jurisdiction over internal
and/or inter-organizational conflicts within the Local People's Council

SEC. 12. Powers and Responsibilities of the Local People’s Council. -
Upon recognition, the Local People's Council may, in accordance with its policies and
internal rules, exercise the following powers and responsibilities:

a) Elect or appoint, from among its member organizations, its
representatives to all Local Government bodies, boards, councils, committees,
task forces special government bodies and other similar work groups which the
Local Government or national laws may hereinafter create. Member
organizations elected or appointed to represent the Local People's Council shall
have the sole prerogative to choose, from among their bona fide members, the
persons who shall sit in the boards, councils, committees, task forces and/or
special bodies concerned. Unless otherwise provided herein, such
representatives shall not exceed twenty five (25) percent of the membership of
the board, council, committee, task force or special body;

b) Participation of the Local People's Council or any of its member
organization in the conception, implementation and evaluation of government
activities and functions shall be without compensation or remuneration. The
Local Government, however, shall provide for the necessary office spaces,
facilities and/or equipment for said participation of the Council,

c) Representatives of the Local People's Council may observe, vote and
participate in the deliberation, conceptualization, implementation and
evaluation of projects, activities and programs of the Local Government,
propose legislations and participate and vote at the committee level of the Local
Sanggunian.

d) The Local People's Council shall also elect a representative for the
provincial level.

SEC. 13. Creation of a Provincial People’s Council. - A Provincial People's
Council shall be created and recognized by the Sangguniang Panlalawigan. The
Provincial People's Council shall be composed of all representatives to the provincial
level from the Local People's Councils within the Province's jurisdiction.

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The Provincial People's Council shall elect, from within its ranks, a
representative who will sit on the Sanggunian Panlalawigan and shall exercise the
duties and powers of a Provincial Board member.

SEC. 14. Non-Partisan Nature of the Local and Provincial People's Council
- The Local or Provincial People's Council shall not engage in, or allow itself or its
member organizations to be used for purposes of partisan politics and shall adopt such
measures to ensure that it is adequately shielded from any political partisanship or
influence.

For purposes of this Act, partisan politics shall refer to any activity statement or
manifestation which solely or primarily serves to campaign for or against any particular
political party or any candidate for any elective public office

SEC. 15. Amendment of the Composition of Local Government Units. -
The existing compositions of the committees, boards, councils, task forces, special
bodies of all Local Governments are hereby amended and modified to accommodate
the membership and participation therein of the Local People's Council or its
representatives as herein mandated

SEC. 16. Right to Self-Organization. - Pursuant to to Article XIII, Section 15

of the Constitution, CSOs are recognized as independent and autonomous self-help
organizations. They are encouraged to organize into formal cooperatives, labor union,
interest groups, non-government organizations, sectoral organizations and/or people's
organizations in furtherance of their constitutionally mandated role of enabling the
people to pursue and protect, within the democratic framework, their legitimate and
collective interests and aspirations through peaceful and lawful means.
Furthermore, the Department of Local and Interior Government (DILG) and LGUs are
mandated to assist, and support efforts of the people towards self-organization to
address their common concerns, to promote their common welfare, and/or to serve
their localities or their communities and interests.

SEC. 17. Funding. - The funds needed for the capacity building of CSOs shall
be included in the annual budget of the DILG. The funds necessary for the
maintenance and operational expenses of Local People’s Council, in relation to
participation in local governance, shall be included in the annual budgets of respective
LGUS.

SEC. 18. Information Boards And Suggestion Boxes. - Information boards
and suggestion boxes shall be provided, maintained and controlled by the Local
Government Unit in each barangay, at the public plazas, city hall compound, public
markets, schools, government offices, and at such public places accessible to the
people, which boards and boxes shall be other than those maintained by the
barangays and the national government, and shall be controlled solely by the Local

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Government Unit.
Local Governments are mandated to respond within 15 working days to the
suggestions filed by citizens in suggestion boxes

SEC. 19. Implementing Rules and Regulations. - Within one hundred twenty
(120) days from the effectivity of this Act, the DILG, LGUs, in consultation with CSOs
that have experience working with Local Governments, shall determine effective ways
and methods for the implementation of this Act and craft the Implementing Rules and
Regulations.

SEC. 20. Separability Clause. - If any provision of this Act is declared invalid
or unconstitutional, the other provisions, not affected thereby, shall remain valid and
subsisting.

SEC. 21. Repealing Clause. - All laws, presidential decrees, executive orders,
proclamations and/or administrative regulations, which are inconsistent with the
provisions of this Act are hereby amended, modified, superseded or repealed
accordingly.

SEC. 22. Effectivity Clause. - This Act shall take effect fifteen (15) days after
its publication in the Official Gazette or at least two newspapers of general circulation.

Approved.