Le
LS onre: MAR 06 2017

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

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. 521 0

Introduced by
BAYAN MUNA PARTYLIST REP.CARLOS ISAGANI T. ZARATE,

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 rcason why it expressly mandated that marginalized sectors should have
4 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 Party-List System Law and the Local
Government Code. Unfortunately, only the Party-List System was implemented. The provisions 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 ot
peasants, as the case may be, women, urban poor, indigenous people, persons with disabilities, 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.



This bill was principally authored and first filed in the 15" Congress by BAYAN MUNA Rep. Neri
Colmenates, and was pending in the Committee of Suffrage and Electoral Reforms. It was refiled by
BAYAN MUNA Reps. Neri Colmenares and Carlos Isagani Zarate, Gabriela Women’s Party Reps.
Luzviminda Hagan and Emmi De Jesus, ACT Teachers Partylist Rep. Antonio Tinio, Anakpavwis
Partylist Rep. Fernando Hicap, and Kabataan Partylist Rep. Terry Ridon in the 16% Congress. ‘The bill
was then pending on the Committee on Rules.

‘Thus, immediate approval of this proposed legislation is earnestly sought.

Approved,

ney east ears
Baya

Muna Party-list



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

SEVENTEENTH CONGRESS
First Regular Session

“B20

House Bill

Tatroduced by
BAYAN MUNA PARTYLIST REP.CARLOS ISAGANI T. ZARATE,

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. — Itis che declared policy of the State to provide for sectoral
representations to the local legislative bodies of local government units belonging to workers of
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 concerned 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
fot purposes of participating in the local sectoral representation elections. The
registration and accreditation shall be filed in the local elections registrar of the province,
city or municipality where the sectoral organization wishes to be elected as local sectoral

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.

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

d, 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.

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

Q. 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 disabilities, and any other sectoral or
people’s organization shall manifest their willingness to participate in the local sectoral
representation clections and cause the registration of their sectoral organization by submitting a
letter indicating theis 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 associ ify the
membership of the local sectoral organization in licu of the certificate of registration issued by
concerned government agencies.

ion, said national federation or association shall ce1

The local election registrar of the Commission on Elections shall cause the registration ot 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 for a
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 prohibitory period prior to the holding of regular local elections.

Section 8. Qualification and Disqualification, Grounds. ~ a) Qualification - Sectoral
otganizations 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, nor
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
Jaws 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 propria, ot 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 clection 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
cighty (180) days prior to the conduct of the local regular elections.

6) 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 provinee, city, or municipality.

Section 10, Nomination of Sectoral Representatives. ~ Nominces 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 ot
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:

4. 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
concemed;

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;

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 curpitude.


b) A nomince 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 garnered 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
tegistrar concerned who shall act upon said protests within sixty (60) days upon receipt, ‘The
decision of the local election registrar shall be appeallable 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 banc.

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.

In the event that a Local Sectoral Representative is removed under paragraph (c) of this
section, the sectoral organization concerned shall notify within fifteen (15) days the Sangguniang
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 15. 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 municipal sanggunians 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 represents, 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